Last Updated: February 3rd, 2013
Thanks for using our products and services (“Services”).The Services is provided by GameAnalytics (“GA”), located at Refshalevej 147, 1, 1432 Copenhagen, Denmark.By using our Services, you are agreeing to these terms. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk. Please read them carefully.GA reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.gameanalytics.com/terms.html
THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND GameAnalytics, THE OWNER AND OPERATOR OF THE SERVICES. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
A GameAnalytics account allows you to track an unlimited amount of data events per month free of charge. GameAnalytics reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days, then GameAnalytics may delete any or all of Your Files without providing additional notice.
Your GameAnalytics Account will continue in effect unless and until you specifically request the cancelling of your account.
You may cancel your GameAnalytics Account at anytime, and cancellation will be effective immediately. If you wish to cancel your account you may do so by submitting a request to the GameAnalytics support.
The usage of the GameAnalytics service is currently free of charge. However, GameAnalytics reserves the right to add new fees and charges in the future. Advance notice of these changes will be given by email.
By signing up for a GameAnalytics Account you hereby agree to these terms and conditions.
(a) Personal Security. Be smart when using the Services or any Third Party Websites. You should not disclose personal information to strangers that would enable them to locate you offline. This means you should not give out your name, address, place of employment, school, etc., while communicating with others in a Communication Channel.
(b) Service Security. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Services, at GameAnalytics’s sole discretion. GameAnalytics reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.
(a) Data. “Data” means any data that you may submit to the portion of the Services comprising the GameAnalytics web platform designed to facilitate processing of data and related services for the purpose of deriving analytical results from the processing of such submitted data via such portion of the Services pursuant to a Free Trial or Paid Plan.
(b) Rights to Data. You agree, represent, and warrant that any Data you upload or transmit to or through the Services is truthful, accurate, not misleading and offered in good faith, and that you are the owner or otherwise have all rights, licenses, permissions, and authorizations necessary to upload or transmit the Data to the Services and grant the rights to the Data or Content Content as set forth in these Terms. If you are not the copyright owner of or are not fully authorized to grant the rights set forth herein in all of the elements of the Data you intend to upload or transmit to or through the Services,then you must not upload such Data or Content Content to the Service.
(c) Retention of Your Intellectual Property Rights. BY UPLOADING OR OTHERWISE PROVIDING Data or Content Content TO THE SERVICES YOU ARE NOT SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS THAT YOU MAY HAVE IN YOUR Data or Content Content . RATHER, YOU ARE MERELY GRANTING GameAnalytics A LICENSE PURSUANT TO THE PROVISIONS OF THESE TERMS. YOU WILL CONTINUE TO OWN, TO THE EXTENT OF YOUR EXISTING RIGHTS, ALL OF YOUR Data or Content Content .
If an end user opts-out, GameAnalytics will stop tracking data for the device identified by the provided MAC address and/or device identifier going forward. The Analytics Service tracking will stop across all Services within the reach of GameAnalytics. You agree to obtain all end-user consents required by applicable law before you use the Services.
You agree that you will not use the Service in connection with any application labeled or described as a "Kids" or "Children" application and will not use any Service (i) in connection with any application, advertisement or service directed towards children, (ii) to collect any personal information from children.
(e) Waiver of Rights. By uploading to the Services you waive any rights to prior inspection or approval of any marketing or promotional materials related to such . You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your use of the Services or any (or any portions thereof) you provide on or through the Services. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any you upload to the Services, during the term of these Terms. You expressly release GameAnalytics and all of its agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your .
(f) Confirmation of Rights. GameAnalytics reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in Data or Content Content you upload to or transmit through the Services. If you fail to provide us with such confirmation upon request, we reserve the right to remove any or all of your Data from the Services and to suspend or terminate your account with GameAnalytics. We will have no liability to you for any actions taken by us pursuant to this.
(g) Representations and Warranties with Respect to Data. By uploading or transmitting Data or Content Content to or through the Services, you hereby represent and warrant to GameAnalytics that (a) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such Data or Content Content and (b) the use of such in a manner consistent with these Terms will not (i) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (ii) require GameAnalytics or any Third Party Site on or through which the Services are made available to pay any fees of any kind to any third party.
YOU UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY BE EXPOSED TO PRODUCTS, CONTENT OR USER MATERIALS FROM A VARIETY OF SOURCES, AND THAT GameAnalytics IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH PRODUCT, CONTENT OR USER MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS, CONTENT OR USER MATERIALS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST GameAnalytics WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL GameAnalytics BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY PRODUCTS, CONTENT OR USER MATERIALS, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY PRODUCTS, CONTENT OR USER MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCTS, CONTENT OR USER MATERIALS POSTED, EMAILED, UPLOADED OR OTHERWISE DISPLAYED, PERFORMED OR TRANSMITTED VIA THE SERVICES. BY ACCESSING OR USING ANY PRODUCTS, CONTENT OR USER MATERIALS TRANSMITTED ON OR THROUGH THE SERVICES, YOU WAIVE ANY AND ALL CLAIMS AGAINST GameAnalytics THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH PRODUCTS, CONTENT OR USER MATERIALS.
(a) THE SERVICES, USER MATERIALS, AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR Services MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SERVICES, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
(b) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GameAnalytics AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GameAnalytics, AN EMPLOYEE OR REPRESENTATIVE OF GameAnalytics OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. GameAnalytics AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY ASSOCIATED SITES OR Services AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICEs) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
(a) Generally. The content made available on or through the Services, including without limitation, any text, software, graphics, photos, sounds, music, videos and interactive features, but excluding Data and User Materials, may be protected by copyright or other intellectual property rights and owned by GameAnalytics or third party licensors of GameAnalytics. No material made available on or through the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, Data and User Materials, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of GameAnalytics or its licensors, unless you have obtained express written authorization to the contrary. All design rights, databases and compilations and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to GameAnalytics.
the rights of any other person or entity, including, but not limited to, claims that any Data or Content Content User Material infringes or violates any third-party intellectual property rights or other proprietary rights, Notwithstanding the foregoing, GameAnalytics reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GameAnalytics if GameAnalytics, in its reasonable discretion, concludes that you are not adequately protecting GameAnalytics’s interests or are incapable of protecting GameAnalytics’s interests, and you agree to cooperate with GameAnalytics’s defense of these claims. You agree not to settle any matter without the prior written consent from GameAnalytics. GameAnalytics will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree to indemnify, defend and hold harmless GameAnalytics and its parent, subsidiaries, affiliates, investors, sublicensees or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, contractors and assigns and other GameAnalytics users who use any Data or Content Content User Materials you upload to or make available on the Services, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Services; (2) your Data or Content Content User Material, including GameAnalytics’s or any user’s use of your Data or Content Content User Material consistent with these Terms; (3) your breach or other violation of these Terms, including any representations, warranties and covenants herein; or (4) your violation of
(b) Trademarks. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to GameAnalytics or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
(c) No Implied Rights. There are no implied licenses granted in these Terms.
IN NO EVENT WILL GameAnalytics OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES; (2) ANY PRODUCTS ADVERTISED, PROMOTED OR DISPLAYED ON THE SERVICES; AND (3) CONTENT (INCLUDING DATA) MADE AVALIABLE THROUGH THE SERVICES, IN EACH INSTANCE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR
OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF GameAnalytics OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GameAnalytics OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE AMOUNT PAID BY YOU TO GameAnalytics IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.
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 SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GameAnalytics, AND ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN YOU AND GameAnalytics,
GameAnalytics’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT GameAnalytics WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
The Site and the Services are controlled and operated by GameAnalytics from its offices within the Copenhagen, Denmark. GameAnalytics makes no representation that materials on the Services are appropriate or available for use in other locations. Those who choose to access or use the Services from other locations, including from
outside the Denmark, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.