Gamerabble's Terms of Service
Last Update: May 2021
Welcome to Gamerabble.com.
The following terms of service (these "Terms of Service"), govern your access to and use of the Gamerabble website and mobile application, including any content, functionality and services offered on or through www.Gamerabble.com or the Gamerabble mobile application (the "Site") by Gamerabble and its subsidiaries: Gamerabble Inc., as applicable. Gamerabble and its subsidiaries are collectively referred hereto as "Gamerabble" "we" or "us" and “you” or “user” means you as an user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Gamerabble Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Gamerabble services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Gamerabble makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Key Terms
Players are users who purchase services on Gamerabble.
Order page is where Players and Game Coaches communicate with each other in connection with an ordered service.
Orders are the formal agreements between a Player and Game Coach after a purchase was made from the Game Coach’s service page.
Game Coaches are users who offer and perform services through Gamerabble.
Overview
Only registered users may buy and sell on Gamerabble. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
services on Gamerabble may be offered at a base starting price of $5. Some services are offered at a base price of more than $5 as determined by the Game Coach.
Players pay Gamerabble in advance to create an order (see Payment Terms).
Orders are purchased through the Order button found on a Game Coach’s service page or through a Custom Offer.
For fees and payments please read the Payment Terms
Game Coaches must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Game Coaches’ reputation and status.
Game Coaches gain account statuses (Levels) based on their performance and reputation.
Users may not offer or accept payments using any method other than placing an order through Gamerabble.com.
When purchasing a service, Players are granted all rights for the delivered work, unless otherwise specified by the Game Coach on their service page. Note: some services charge additional payments (through Service Addons) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
Users undertake to comply with Gamerabble’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Gamerabble community and marketplace in addition to these Terms of Service, as updated from time to time.
Game Coaches
Basics
Game Coaches create services on Gamerabble to allow Players to purchase their services.
Game Coaches may also offer Custom Offers to Players in addition to their services.
Each service you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.
Gamerabble accredits Game Coaches once an order is completed. See our "Orders" section below for a definition of a completed order.
For more information about receiving payments, fees and taxes see the Payment Terms.
Game Coaches may not promote their services or any Gamerabble content via the Google Ads platform.
The Game Coach's rating is calculated based on the order reviews posted by Players. In certain cases, exceedingly low ratings may lead to the suspension of the Game Coach’s account.
For security concerns, Gamerabble may temporarily disable a Game Coach’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Gamerabble accounts to a single withdrawal provider.
Game Coaches are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Services created on Gamerabble are User Generated Content.
Services and/or users may be removed by Gamerabble from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here
Adult oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of services
Spam, nonsense, or violent or deceptive services
services misleading to Players or others
Reselling of regulated goods
Offering to prepare academic works on behalf of Players
Exceedingly low quality services
Promoting Gamerabble and/or Gamerabble services through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
services that are removed for violations mentioned above, may result in the suspension of the Game Coach’s account.
services that are removed for violations are not eligible to be restored or edited.
services may be removed from our Search feature due to poor performance and/or user misconduct.
services may include pre-approved website URLs contained within the service description and requirements box. services containing websites promoting content, which violates Gamerabble’s Terms of Service and/or our Community Standards, will be removed.
services are required to have an appropriate service image related to the service offered. An option to upload two additional service images are available to all Game Coaches. Game Coaches must deliver the same quality of service as shown on their service images. Recurring deliveries that don’t match the quality shown on the service images may lead to the Game Coach’s account losing Game Coach status or becoming permanently disabled.
services may contain an approved service Video uploaded through the service management tools available on Gamerabble.
Statements on the service page that undermine or circumvent these Terms of Service is prohibited.
Eligible services in select Categories may set up service Packages to offer their services in structured formats with multiple price points for the selected service.
Certain categories are available only to Pro Game Coaches to create services. If you are not a Pro Game Coach, creating a service for services available to Pro only may result in removal of your service.
Service Addons
Service Addons are additional services offered on top of the Game Coach’s service for an additional price defined by the Game Coach.
Service Addons may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the services section above for a list of services that violate our Terms of Service. services are subject to be removed due to violations found in Service Addons.
The amount of Service Addons, which can be offered, and the price for each service Extra, is based on your Game Coach Level. More information surrounding your accounts eligibility for Service Addons can be found here.
Services offered through Service Addons must be related to the base service and part of the deliverables on the Order.
Service Addons may cover different categories of services that are components to a higher quality delivered service.
Game Coaches have the option to extend the duration of an Order for each service Extra that is added to the Order. This is to cover the time needed to complete the extra service.
Gamerabble is all about helping Game Coaches leverage their skills. We seek to empower top performing Game Coaches with helpful tools to grow their business. Game Coaches who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Gamerabble may reward them with new statuses, special opportunities, benefits, and tools that come with it.
Pro Game Coaches
Pro Game Coaches are pre-verified professionals who undergo a vetting process by Gamerabble editors. Applying for Gamerabble Pro is open to everyone: professional freelancers who are new to Gamerabble, as well as existing Gamerabble Game Coaches.
Pro Game Coaches eligibility is constantly evaluated by Gamerabble to ensure that the quality standards and expectations of the Pro Game Coach selection is kept. Gamerabble retains the right to change a Pro Game Coach status in light of such evaluation. In addition, Pro Game Coaches who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.
Game Coach Features
Gamerabble Game Coaches have access to several exclusive features that help customize the way their services can be offered.
Custom Offer
Game Coaches can also send Custom Offers addressing specific requirements of a Player.
Custom Offers are defined by the Game Coach with the exact description of the service, the price and the time expected to deliver the service.
Custom Offers are sent from the conversation page.
Services provided through Custom Offers may not violate Gamerabble’s Terms of Service and/or our Community Standards.
Project Milestones:
Custom Offers above $100 may include up to six project milestones, the minimum amount for each milestone is $50 and the project should include at least two milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
Once a milestone is delivered and marked as completed, Players may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Player does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start.
Players
Basics
You may not offer direct payments to Game Coaches using payment systems outside of the Gamerabble platform.
Gamerabble retains the right to use all publicly published delivered works for Gamerabble marketing and promotional purposes.
Players may request a specific service from the Post a Request feature. Services requested on Gamerabble must be an allowed service on Gamerabble. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Gamerabble.
Purchasing
Please refer to the Payment Terms for making Payments through the Gamerabble platform and to learn about fees and taxes.
In addition, Players can request a Custom Order which addresses specific Player requirements, and receive a Custom Offer from Game Coaches through the site or through Gamerabble Anywhere.
You may not offer Game Coaches to pay, or make payment using any method other than through the Gamerabble.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
ORDERS
Basics
Once payment is confirmed, your order will be created and given a unique Gamerabble order number (#FO).
Game Coaches must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their service.
The Deliver Work button may not be abused by Game Coaches to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Game Coach’s rating and result in a warning to Game Coach.
An Order is marked as Complete after it is marked as Delivered and then accepted by a Player. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
We encourage our Players and Game Coaches to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Gamerabble's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
Orders through the Logo Maker are completed once payment is made by the Player.
A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Game Coach and then accepted by the Player. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Players may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Player does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. Please note that if you choose to stop the future milestones, the current ordered milestone will not be cancelled.
Players may purchase a fixed term Subscription to a specific service, if available on the Game Coach’s service page. During the Subscription period, a new Order of the same service will be automatically created each month. By purchasing a Subscription, you authorize us to automatically charge you for each Order under the Subscription from your Gamerabble Balance or saved payment method, as applicable. If you do not have any Gamerabble Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Player, for any other reason, the Orders under the Subscription will be cancelled. Player may also cancel future Orders under the Subscription before payment is made for such future Orders. Once payment is made, Gamerabble’s Order Cancelation policy under the Payments Terms will apply. Please note that Game Coaches can cancel future Orders under the Subscription 10 days prior to the next consecutive Order.
Handling Orders
When a Player orders a service, the Game Coach is notified by email as well as notifications on the site while logged into the account.
Game Coaches are required to meet the delivery time they specified when creating their services. Failing to do so will allow the Player to cancel the Order when an Order is marked as late and may harm the Game Coaches status.
Reviews
Feedback reviews provided by Players while completing an Order are an essential part of Gamerabble's rating system. Reviews demonstrate the Player's overall experience with the Game Coaches and their service. Players are encouraged to communicate to the Game Coach any concerns experienced during their active order in regards to the service provided by the Game Coach.
Leaving a Player's feedback is a basic prerogative of a Player. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Gamerabble platform from users within our Community. Purchases arranged, determined to artificially enhance Game Coach ratings, or to abuse the Gamerabble platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Players are publicly displayed on a Game Coach’s service page.
Work Samples are the delivered images and videos sent to a Player in a delivery message. Work Samples are added to a Game Coaches Live Portfolio on their service page if the Player chooses to publish the Work Sample while providing a public feedback review.
Withholding the delivery of services, files, or information required to complete the service’s service with the intent to gain favorable reviews or additional services is prohibited.
Responding and posting a review: Once work is delivered, the Player has three days to respond. If no response is provided within the response period, the Order will be considered completed.
Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
Game Coaches may not solicit the removal of feedback reviews from their Players through mutual cancellations.
Feedback reviews are unavailable for orders made through the Logo Maker.
Disputes and Cancellations
We encourage our Players and Game Coaches to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Gamerabble's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
User Conduct and Protection
Gamerabble enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Gamerabble reflect the diversity of an expanding service economy. Members of the Gamerabble community communicate and engage through orders, social media, and on Gamerabble’s Community Forums.
Gamerabble maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Gamerabble. This section relates to the expected conduct users should adhere to while interacting with each other on Gamerabble.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Basics
To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Gamerabble in order to circumvent or abuse the Gamerabble messaging system or Gamerabble platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the Order page.
Gamerabble does not provide any guarantee of the level of service offered to Players. You may use the dispute resolution tools provided to you in the Order page.
Gamerabble does not provide protection for users who interact outside of the Gamerabble platform.
All information and file exchanges must be performed exclusively on Gamerabble's platform.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
Gamerabble is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through Gamerabble to contract, engage with, or pay outside of Gamerabble.
Orders
Users with the intention to defame competing Game Coaches by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Players or Game Coaches to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
services
Users may report services to Customer Support that may be in violation of Gamerabble’s Terms of Service based on the reported service’s replicated similarity to pre-existing services (copycat services).
Game Coaches warrant that any content included in their services shall be original work conceived by the Game Coaches and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the services, Game Coaches represent and warrant that they hold a valid license to use such music and/or footage and to include them in the services.
Gamerabble will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
Violations
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Game Coach statuses or becoming permanently disabled based on the severity of the violation.
Non-Permitted Usage
Adult Services & Pornography - Gamerabble does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Gamerabble should be friendly, constructive, and professional. Gamerabble condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their services or orders.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order page. Game Coaches further confirm that whatever information they receive from the Player, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Player. Any users who engage and communicate off of Gamerabble will not be protected by our Terms of Service.
Authentic Gamerabble Profile - You may not create a false identity on Gamerabble, misrepresent your identity, create a Gamerabble profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Gamerabble reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - Gamerabble will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use - You may not use Gamerabble for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active Gamerabble account and one active Gamerabble Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Gamerabble community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Gamerabble’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Gamerabble. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Gamerabble accounts.
Proprietary Restrictions
The Site, including its general layout, design and content, is exclusively owned by Gamerabble and protected by copyright and trademark law. Gamerabble, service and services are all registered trademarks owned exclusively by Gamerabble. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Feedback Rights
To the extent that you provide Gamerabble with any comments, suggestions or other feedback regarding the Gamerabble platform or the Site as a whole, as well as other Gamerabble products or services (collective, the “Feedback”), you will be deemed to have granted Gamerabble an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Gamerabble is under no obligation to implement any Feedback it may receive from users.
Confidentiality
Game Coaches should recognize that there might be a need for Players to disclose certain confidential information to be used by Game Coaches for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Game Coaches agree to treat any information received from Players as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Game Coaches specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Player’s permission.
General Terms
Gamerabble reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
Violation of Gamerabble's Terms of Service and/or our Community Standards may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on Gamerabble.
Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Disputes should be handled using Gamerabble's dispute resolution tools ('Resolution Center' on the order page) or by contacting Gamerabble Customer Support.
Gamerabble may make changes to its Terms of Service from time to time. When these changes are made, Gamerabble will make a new copy of the terms of service available on this page.
You understand and agree that if you use Gamerabble after the date on which the Terms of Service have changed, Gamerabble will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Gamerabble by our users (Players and Game Coaches) is User Generated Content. Gamerabble does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Gamerabble platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Gamerabble is not responsible for the content, quality or the level of service provided by the Game Coaches (even if they are Pro Game Coaches, Top Rated Game Coaches, offer Promoted services or otherwise). We provide no warranty with respect to the services, their delivery, any communications between Players and Game Coaches, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Game Coach undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Gamerabble. Game Coaches advertising online their service or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the service or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Game Coaches account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership
Ownership and limitations: When purchasing a service on Gamerabble, unless clearly stated otherwise on the Game Coaches service page/description, when the work is delivered, and subject to payment, the Player is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Game Coach, and the Game Coach waives any and all moral rights therein. Accordingly, the Game Coach expressly assigns to the Player the copyright in the delivered work. All transfer and assignment of intellectual property to the Player shall be subject to full payment for the service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Player and, upon delivery, the Game Coach agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Player. Some services (including for custom created work) charge additional payments (through Service Addons) for a Commercial Use License. This means that if you purchase the service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a service Extra and will have broader rights that cover your business use.
Furthermore, users (both Players and Game Coaches) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Gamerabble, including service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Gamerabble for no consideration for marketing and/or other purposes.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Gamerabble NOR ANY PERSON ASSOCIATED WITH Gamerabble MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Machine Translation
Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
Limitation on Liability
IN NO EVENT WILL Gamerabble, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Gamerabble, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
