GAMR – Terms of Use

1. Eligibility

You must be at least 13 years old to use the Platform. If you are between the ages of 13 and 18, you must have permission from a parent or legal guardian to access and use the Platform and may access and use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

By accessing or using the Platform, you represent and warrant that you meet the above eligibility requirements.

2. Description of the Platform; Limited Right to Use

The Platform, which includes the user accounts, is designed solely to facilitate discovering, reviewing, discussing, and tracking video games ("Purpose"). Subject to your compliance with these Terms, we grant you the limited, non-exclusive, non-transferable, non-sublicensable, personal right to access and make use of the areas, services, applications, and features of the Platform that we have made generally available for activities directly related to the Purpose, which may include:

• Creation and interaction with video game reviews;
• Posting of community content, including comments and discussions; and
• Discovering and tracking video games users have played, are playing, or plan to play.

This limited right does not include, and you may not encourage, engage in, or allow for: the resale or commercial use of any part of the Platform or its contents; the separate collection and use of any video game listings, descriptions, reviews, or other materials included in the Platform; derivative use of any part of the Platform or its contents; modification of any part of the Platform or its contents; downloading, copying, or separate use of any information related to the Platform, including the Platform or any user account information for any commercial purpose or for the benefit of another party; and any use of data mining, robots, or similar data gathering and extraction tools, including artificial intelligence or large language model (AI/LLM) tools.

No part of the Platform or its content may be reproduced, duplicated, copied, sold, resold, republished, publicly displayed, transmitted, distributed, or otherwise commercially exploited. You may not remove any proprietary notice included on or within the Platform or its content. You may not frame or utilize framing techniques to enclose any portion of the Platform or GAMR trademark, logo, or other proprietary information (including images, text, page layout, or form). You may not use any GAMR or Platform name, trademark, or logo in any advertising or publicity or other commercial manner without our prior express written consent.

The Platform may contain user-generated content, materials, reviews, questions, and information ("User Content") that users may upload, publish, submit, share, link to, or display ("Post"). Such User Content represents such user's own individual opinion, not GAMR's, and each user is solely responsible for its Posted User Content. GAMR does not screen, censor, moderate, or correct submitted User Content. You understand that you may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose, and you agree that GAMR shall not be liable for any such User Content.

3. User Accounts

To access certain areas, software, features, or other content of the Platform, you may be required to create a user account. As additional conditions for your limited right to access and use the Platform through a user account, you agree to:

• Provide accurate and complete information;
• Maintain the security of your user account and password;
• Notify us immediately of any unauthorized use of your user account; and
• Be responsible for all activities that occur under your user account, including any Posting of User Content.

You may not use a false or misleading e-mail address or impersonate any person or entity in relation to your access to or use of the Platform or user account. We reserve the right to suspend or terminate user accounts that violate these Terms.

Users are solely responsible for their interactions with the Platform, other Platform users, and the User Content that they access and Post in the Platform and with us. We reserve the right, but have no obligation, to monitor disputes between you and other users. GAMR shall have no liability for your interactions with other users, or for any user's action or inaction.

The Platform and user accounts are subject to scheduled and unscheduled interruptions, including for routine maintenance. Any aspect of the Platform or a user account is subject to change or elimination at GAMR's sole discretion. You agree that GAMR will not be liable to you for changes, eliminations, interruptions, delays, or operational failures that relate to or impact the Platform, User Content, or user accounts.

4. User Content

You are solely responsible for your User Content and all User Content Posted by you and through your user account. With respect to any User Content that you create or Post to the Platform or otherwise share with us, you represent and warrant that you are the owner of all rights or have the necessary legal rights to Post such User Content to the Platform and with us. You represent and warrant that all User Content that you Post to the Platform or with us complies with all applicable laws, rules, and regulations and with these Terms.

5. Intellectual Property

The Platform and all content therein or transferred thereby, including its name, trademarks, service marks, copyrights, patents, designs, logos, code, website, software, services, applications, features, images, text, graphics, illustrations, photographs, audio, videos, music, and content (excluding your User Content), and all intellectual property rights thereto, are the exclusive property of and owned by GAMR or its licensors. Except as otherwise expressly specified in these Terms, nothing in these Terms shall be construed as conferring on you any license under any of our or any third party's intellectual property rights.

You may choose or we may invite you to submit comments, ideas, or suggestions about the Platform, including improvements or enhancements ("Feedback"). By submitting Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that GAMR owns and is fully authorized to use the Feedback without any compensation to you in any way, whether in relation to the Platform or otherwise, and to disclose the Feedback on a non-confidential basis or otherwise to anyone.

6. Third-Party Websites, Advertisers, and Services

6.1 Third-Party Websites; Monetization

The Platform displays banner advertising and uses third-party websites, including Amazon affiliate links, to recommend video game products and related goods. When you click on an advertisement or the link to a third-party website, including to make a purchase, GAMR may receive a commission, fee, or other compensation from such third party.

GAMR does not control and assumes no responsibility for any such advertisements, advertisers, or third-party websites, including their content, practices, terms, policies, or product availability, or your interactions or experiences, including transactions, on or through such third-party websites. If you access or use a third-party website, including from or through the Platform, then you do so at your own risk, and you understand that these Terms and the GAMR Privacy Policy do not apply to your use of such third-party websites.

6.2 Analytics and Tracking Technologies

GAMR and the Platform use third-party tools, including Google Analytics, to track user behavior, traffic patterns, and website performance. Analytics data is used to improve the Platform and understand user engagement.

Your use of the Platform constitutes consent to our use of tracking technologies, including cookies, as described in our Privacy Policy.

7. Termination

GAMR may permanently or temporarily suspend, terminate, or otherwise refuse to permit your access to or use of the Platform, including to and through your user account, without notice and liability for any reason, including if in GAMR's sole discretion:

• You violate these Terms;
• Your actions pose a risk to other users; or
• Required by law or regulatory request.

During a suspension or upon termination, your license to access and use the Platform, including to and through a user account, ends immediately but you continue to be bound by the provisions of these Terms that, by their nature and content, should reasonably be deemed to survive to achieve their fundamental purpose.

8. Disclaimers

The Platform, which includes the website, software, services, applications, user accounts, and features, and the User Content, including content, materials, and information posted or otherwise made available through the Platform, are provided on an "AS IS" and "AS AVAILABLE" basis. GAMR makes no representation or warranty, express, implied, or otherwise, including for merchantability, title, fitness for a particular purpose, or non-infringement, regarding its ability to retain personal information or data, and regarding the content, functionality, availability, accessibility, reliability, timeliness, operation, accuracy, completeness, or use of the Platform. GAMR does not warrant that the Platform, including any components, features, or content, will be uninterrupted, secure, or error-free.

9. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL: (A) GAMR, INCLUDING ITS OWNERS, EMPLOYEES, AND PARTNERS, BE LIABLE FOR DAMAGES OF ANY KIND, WHICH MAY INCLUDE INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHICH MAY ARISE FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR USER ACCOUNT, OR ANY USER CONTENT OR OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING THOSE MADE AVAILABLE BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GAMR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF GAMR, INCLUDING ITS OWNERS, EMPLOYEES, AND PARTNERS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO AND USE OF THE PLATFORM, USER ACCOUNT, OR USER CONTENT, OR THE INABILITY TO ACCESS OR USE THE PLATFORM, USER ACCOUNT, OR USER CONTENT, EXCEED ONE HUNDRED U.S. DOLLARS ($100).

10. Indemnification

You agree to defend, indemnify, and hold harmless GAMR, including its owners, employees, and partners, from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your access to and use of the Platform, including to and through a user account;
• Your User Content, including any content, material, reviews, questions, and information Posted by you and your user account to the Platform and with GAMR;
• Your violation of these Terms, including your representations and warranties in these Terms;
• Your violation of any applicable law, rule, or regulation; or
• Your violation of any rights of a third party, including any privacy, publicity, or intellectual property rights.

11. Changes to the Terms

We reserve the right to update these Terms from time to time in our sole discretion by posting the revised Terms on the Platform. Updated Terms will take effect on the "Last Updated" date. Your continued access to or use of the Platform and user account after changes constitutes your acceptance of the updated Terms.

12. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the Platform or user account shall be resolved exclusively in the state or federal courts located in California.

13. Contact Information

For questions or support regarding these Terms or the Platform or user account, you may contact us at:

support@gamrapp.com

14. Entire Agreement

These Terms, together with the GAMR Privacy Policy, GAMR Takedown Policy, and GAMR Community Guidelines, as well as all applicable GAMR materials and hyperlinked terms and policies referenced herein, constitute the entire agreement between you and GAMR regarding access to and use of the Platform and the user account. These Terms, and any rights granted under these Terms, may not be transferred or assigned by you, but may be assigned by GAMR through revised Terms on the Platform. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.