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Terms and Conditions of Use
Terms & Conditions
GREATER THAN GAMES, LLC
WEB SITE AND FORUM TERMS OF USE

By accessing or otherwise using this web site, or any part thereof, accessing, using, or participating in any forum or thread accessed through this web site and maintained by Greater Than Games, LLC, (the web site together with all forums or threads accessed through this web site and maintained by Greater Than Games, LLC are hereinafter referred to as the “Web Site”) or by otherwise submitting content to Greater Than Games, LLC whether publicly on the Web Site, privately, or otherwise, you hereby agree to accept and be bound by all of the following terms of use, together with any and all community rules, forum rules, and privacy policies established by Greater Than Games, LLC from time to time.  Therefore, please read these terms of use to ensure you understand and agree.  The material located on the Web Site is for informational purposes only, is general in nature, and is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  Your use of the Web Site is at your own risk and Greater Than Games, LLC assumes no liability or responsibility for any errors or omissions in the content of the Web Site. The user assumes the entire risk as to the accuracy and the use of any information provided herein.  Under no circumstances shall Greater Than Games, LLC be liable to you or any other person for any damages of any amount or character, including, without limitation, direct, indirect, consequential, incidental, or punitive damages of any kind, arising from your access to, or use of, the Web Site.  Greater Than Games, LLC assumes no responsibility and shall not be liable for any damages to, or any viruses that may infect, your computer equipment resulting from your access to or use of the Web Site, or the downloading of any information from the Web Site.  

Unauthorized use of materials or images contained or displayed on the Web Site may violate copyright, trademark, privacy and/or publicity laws, as well as communications regulations and statutes.  Any communication, submission, posting, or transmission of unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane information or material, or any information or material that could constitute or encourage conduct that could be considered a criminal offense, is strictly prohibited and could give rise to civil or criminal liability.  You represent and warrant to Greater Than Games, LLC that none of your communications, submissions, postings, or materials transmitted to the Web Site are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of any intellectual property rights, injurious to third parties, in violation of these terms of use or any community rules, forum rules, or privacy policies established by Greater Than Games, LLC from time to time, or otherwise objectionable to Greater Than Games, LLC in its sole discretion.  Any communication, submissions, postings, or material transmitted to the Web Site will be treated as non-confidential and Greater Than Games, LLC disclaims any privacy policy or obligations in connection with the Web Site.  You agree to indemnify, defend, and hold Greater Than Games, LLC and its members, managers, employees, and agents harmless from and against any and all liabilities, damages, losses, judgments, fines, demands, claims, recoveries, penalties, actions, suits, causes of action, settlement amounts and costs, attorneys’ fees, court costs, deficiencies, other costs, and expenses, regardless of whether litigation is commenced, in any way arising out of or related to your violation of these terms of use, as they may be revised or altered from time to time.  It is your responsibility to periodically review these terms of use for any such modifications in order to be notified of modifications.  Your continued use of the Web Site after the modification of the Terms of Use signifies your assent to and acceptance of the amended terms and provisions.

You hereby acknowledge that Greater Than Games, LLC does not accept unsolicited ideas, materials or other submissions.  You further acknowledge that GTG may be working on or pursuing the same or similar ideas, materials, or other items to material you post on the Web Site or otherwise submit to Greater Than Games, LLC.  You understand that Greater Than Games, LLC may continue to develop its own idea, materials, or other items independent of your submission without acknowledging your contribution.  You hereby waive any and all claims you may have had, may have, and/or may have in the future, that any product or other work of Greater Than Games, LLC or its designees may be similar to your ideas, submissions, posts, communications, transmissions, products, works, and/or variations thereof.  Under no circumstances shall the participation in the Web Site, including, without limitation, any forums or threads, other submission of material to Greater Than Games, LLC, or anything in these terms of use be construed as an offer or contract of employment or create a joint venture or partnership with Greater Than Games, LLC. 

Greater Than Games, LLC may terminate a user's access to the Web Site if the user is determined, in Greater Than Games, LLC's sole discretion, to have infringed these terms of use or is inappropriate in Greater Than Games, LLC’s sole discretion.  Inappropriate submissions include, without limitation, commercial solicitation, mass mailings, political campaigning, chain letters, or any form of "spam.”  Greater Than Games, LLC reserves the right to decide whether a user submission is appropriate and complies with these terms of use for violations such as, but not limited to, pornographic, obscene, or defamatory material.  Greater Than Games, LLC may remove such user submissions and/or terminate a user's access for uploading such material in violation of these terms of use at any time, without prior notice and at its sole discretion.  Greater Than Games, LLC reserves the right to remove or delete any submission, posting, comment, or communication without prior notice.

As a convenience to you, some of the web pages on the Web Site may contain links to web sites not maintained by Greater Than Games, LLC. The linked sites are not under the control of, and Greater Than Games, LLC is not responsible for, the contents of any web site to which it is linked or any viruses, content, or disputes resulting from your access to such third party sites.  The inclusion of any link does not imply endorsement, approval, or sponsorship by Greater Than Games, LLC or the linked site of one another.  Further, certain portions of the Web Site may contain posts or comments by third parties.  Greater Than Games, LLC is not responsible for the contents of any third party posts or comments or any viruses, content, or disputes resulting from your access of such third party posts or comments.  You shall not upload, post, transmit, or otherwise make available in any way through the Web Site any software or other materials that contain a computer virus, Trojan horse, bug, time bomb, worm, or other rogue programming.

These terms of use shall be governed by, subject to, and construed in accordance with the laws of the State of Missouri, United States of America, excluding all conflict of law rules. If any provision(s) of these terms of use are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the terms of use, the Web Site, or any activities related thereto are hereby excluded, and you hereby expressly waive any and all such rights.  You hereby consent to the jurisdiction of any local or state courts located in the County of St. Louis, Missouri, or any federal courts located in the County or City of St. Louis, Missouri, as Greater Than Games, LLC may designate for the purpose of litigation involving the Web Site, the terms of use, or any activities related thereto. You hereby waive any and all rights to contest said jurisdiction and venue, and waive any and all rights to commence any action against Greater Than Games, LLC in any jurisdiction except the situs specified above.

Copyright Infringement Notification (Digital Millennium Copyright Act)

A. Copyright Holder Information

If you believe your copyright protected work was posted on the Web Site without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.

If you request removal of content by submitting an infringement notification, please be advised that you are initiating a legal process and misuse of this process may have legal consequences. Do not make false or unauthorized notifications.

To submit a copyright infringement notification please send an email to Paul Bender, Manager at paul@greaterthangames.com (subject line: “DMCA Notification”) including your contact information (name, location with mailing address, telephone, and email), specific information concerning the work you are seeking to protect and your rights thereto, and identification information (such as the specific URL and username) for the infringing content and alleged violator.  In addition, your notification must include the following statement verbatim: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and the information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”  Finally, please include your full legal name typed at the end of the email as your signature evidencing that you are the copyright owner or a representative authorized to act on the owner’s behalf.

Please be advised that Greater Than Games, LLC may send the infringement notice to the alleged infringer or, if Greater Than Games, LLC has any reason to suspect the validity of your complaint, to the rights holder.  Please also note that a copy of each legal notice received by Greater Than Games, LLC may be sent to the Chilling Effects project (http://www.chillingeffects.org) for publication and annotation. It is Chilling Effects’ policy to redact the submitter's personal contact information (i.e. phone number, e-mail and address).

B. User Information

If you believe that your user submission or other content, which was removed (or to which access was disabled) pursuant to the above provision, is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user submission, then you may send a counter notification to Paul Bender, Manager at paul@greaterthangames.com (subject line: "DMCA Counter Notification").  The counter notification must include your contact information (name, location with mailing address, telephone, and email), specific information identifying the content that has been removed or to which access has been disabled (including the location, such as the specific URL, at which the content appeared before it was removed or disabled), a statement that you consent to jurisdiction of the federal court located in St. Louis City, Missouri, a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person, and a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.

Please be advised that Greater Than Games, LLC may send the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the user who submitted the content, the removed content may be replaced, or access to it restored, in 10 to 14 business days following receipt of the counter notification, at the sole discretion of Greater Than Games, LLC.  Please also note that a copy of each counter notice received by Greater Than Games, LLC may be sent to the Chilling Effects project (http://www.chillingeffects.org) for publication and annotation. It is Chilling Effects’ policy to redact the submitter's personal contact information (i.e. phone number, e-mail and address).

Greater Than Games, LLC’s designated agent to receive notification of claimed infringement is: Paul Bender, Manager, Greater Than Games, LLC, 1344 Baur Blvd., St. Louis, Missouri 63132, paul@greaterthangames.com.  Please send all notifications via e-mail as described above.
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