Effective Date: 4/13/2016
Last Modified Date: 5/6/2017
Thanks for visiting gamersonlinepro.com (the “Site”). This Site is part of Twenty1 Productions, doing business as gohlp.com (the “Company”, “Our”, or “We”).
Please note that this Site is intended for audiences in the United States and the laws of the United States apply.
This Agreement is a binding contract between You and the Company. You must review and agree to the Terms in this Agreement. In exchange for Your access to the Materials on this Site, You agree to be bound by this Agreement.
This Agreement also governs Your Membership to this Site and Guest Access (described below). Do not access, use, join, or play any of the Games on this Site if You do not agree to every Term in this agreement. If You become a Member of this Site, additional Terms and conditions apply.
- General Membership Guidelines: This Site is designed for Flash Game lovers like You, which is why full access to this Site is for Members (“Members”) only. Members enable the Company to provide a more stable and secure Site, so that You can focus on what You love: Gaming. Only Members in good standing are permitted to access the non-public areas of the Site. To be a Member in good standing, the following requirements must be met.
- Registration: You must sign up for a Membership (“Membership” or “Subscription”) online to have full access to play Games on this Site. There are certain benefits that Members to the Site obtain, which will be explained to You when You register, as those benefits may change over time. The Company may change the benefits that Members receive at any time and without notice to You.
- Membership Charges: Members must pay periodic payments at $49.97 intervals to remain a Member of the Site. You must agree to an auto-recurring Membership fee, paid at monthly intervals, to use or play Games on this Site. You further agree and understand that:
- Your auto-renewing periodic Membership and Membership fee will continue to renew until or unless You cancel;
- If you fail to cancel Your membership within 48 hours of the next billing date, you may be charged for an additional period of service;
- It is Your responsibility to provide the Company with current and proper payment information;
- You will pay for Membership to the Site via credit card, debit card, and other payment methods approved by the Company;
- If Your payment information is declined for any reason, the Company will freeze or terminate access to Your Membership Account, but the Company reserves the right to bill You or demand payment for Services rendered pursuant to this Agreement;
- Your security is important. When You sign up for a Membership, You will be redirected to the Company’s secure billing portal;
- You authorize this Site or Our Agents to transact payments for Your Membership on Your behalf;
- You are responsible for all charges You incur in connection with Your access to or Membership with the Site;
- You will check the current Membership price listed when You sign up to join. The Company reserves the right to change Our prices or billing periods and/or methods from time to time, but the Company will try to notify Members by email before making any changes; and
- Credentials: Members must create a username and password (“Log-in Credentials”) to join, and must have a valid email address and payment method on file.
- You must protect Your Log-in Credentials. To maintain Member’s security, the Company cannot release passwords by phone, email, or mail. If You are locked out of Your account, please contact Our customer service agents for assistance.
- The Company values free expression, but the Company also wants to create an ideal gaming environment for Members, so the Company reserves the right to remove or change Your username if the Company considers it inappropriate.
- The Company is not liable for any harm caused by or related to theft or misappropriation of Your username or password. You must notify the Company immediately if You believe someone has used Your username or password without authorization.
- Ending Your Membership:
- Voluntary: You are free to cancel Your Membership at any time and for any reason, but Your subscription might renew if You don’t cancel more than 72 hours before Your renewal date, and You may not be permitted to cancel Your Membership until the next renewal period. You may cancel Your Membership here gohlp.com.
- Involuntary: Membership to the Site is at the discretion of the Company, which is free to terminate or revoke Your Membership at any time and without any cause. You are personally liable for any charges You incurred during Your Membership period and the Company may seek legal action against You for unpaid accounts. You agree that the Company shall never be liable for terminating Your Membership for any reason. The following is a non-comprehensive list of the reasons that Your Membership may be involuntarily terminated:
- The Company reasonably believes that You have violated any provision of this Agreement;
- The Company has verified that You have provided it with false contact information;
- The Company is unable to verify the veracity of Your contact information;
- The Company believes that Your use of the Site may subject the Company, You, or other Members of the Site to civil or criminal liability;
- The Company believes that You are advertising Your goods and Services or the goods and Services of third parties on the Site;
- The Company ceases operations; and
- Your credit card or other method of payment is rejected, or You attempt to chargeback Your Membership payment to the Site.
- Registration Information: When You register to become a Member of the Site, the Company requires that You provide it with certain information, including Your name, Your postal address, Your email address, and Your credit card number. You must provide the Company with information that is accurate and truthful. If the Company learns that You have provided it with inaccurate information, it will involuntarily terminate Your account. Moreover, if Your information changes while a Member of the Site, You agree to update it immediately by visiting Your account page and editing Your personal information.
- Guest Access: Guest access to the Site is limited. Guests are new users to the Site and can currently play three free Games before becoming a Member. Guests are users to the Site who have not joined or become a Member. Guest Access is subject to change, please review this Agreement for updates every time You visit this Site as a Guest.
- Restrictions: One of the Company’s primary goals is to maintain the security and integrity of this Site for the enjoyment of the Site’s Members. The Company may utilize technology or other technical measures to prevent You from engaging in any restricted or prohibited activity. These restrictions apply to You whether You are a Guest or Member, but additional restrictions apply to Members. The Company may terminate Your Membership or take legal action against You if You engage in any of the following prohibited activities:
- Sharing or transferring Your Member username or password to anyone else;
- Providing false personal information or setting up an account in another person’s name;
- Using this Site in any way that could damage or overburden the Company’s servers or networks;
- Attempting to gain access to this Site or the Membership area through any unauthorized means, such as using another person’s Log-in Credentials, hacking, password mining, or any other unauthorized means;
- Attempting to gain access to the Site’s Members personal data or transmitting communications to the Site’s Members;
- Copying or distributing any Game or Materials on the Site for any purpose;
- Inducing or allowing others to violate any of the Terms of this Agreement;
- Attempt to reregister with a different or duplicate username and/or password after the Company has terminated Your Membership;
- Altering, deleting, or changing this Agreement without the express written permission of the Company;
- Using this Site for Your own commercial gain in any way; or
- Advertising or promoting any product or service without Our prior written consent.
- Ability to Use or Join this Site:
- Age: You must be at least 13 years old to use or join this Site as either a Guest or a Member. If You are under the age of consent in Your jurisdiction but at least 13 years old,You must have parental permission and supervision to use or become a Member of this Site. If You are under the age of 18 and have questions about the age requirements for this Site, You should talk to Your parents before using or joining this Site.
- If You use this Site in any way, or if You have signed up for a Membership, You are representing to the Company that You are either
- At least 13 years old and have parental consent; or
- You are 18 or older; or
- You have reached the age of majority in Your jurisdiction.
- Enabling: Any person allowing any person under the age of 18 to access or use this Site or Services with its computer or any other device, whether owned, leased, or borrowed by the Company, shall assume full liability for any consequences and this Site will not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site by Members or Guests under the age of 18, even if the party has been advised of the possibility of such damages.
- Changes to the Terms: The Company may change or modify these Terms from time to time. It is Your responsibility, whether You are a Member or Guest, to check for changes periodically on this Site.
- New Terms: If You do not agree to the new Terms, please do not continue to use this Site. By continuing to use this Site and/or retaining Your Membership to this Site You are signifying Your acceptance to the new Terms of the Agreement.
- Member Notifications: By signing up for a Membership, You give the Company permission to contact You electronically. The Company will attempt to notify Members by email if the Company updates the Terms of this Agreement. The email may contain a hyperlink directing You to the new Terms on this Site. The new Terms will be effective upon the “Last Modified” date posted on this Site. Remember, it is Your responsibility to ensure that You keep Your email address updated and ensure that Our emails are directed to Your inbox. If You unsubscribe from the Companies email, You may not receive electronic notice by email of any changes. Thus, even if You have provided Your email address to the Company, You are still responsible for checking for changes periodically on this Site incase notice to You by email fails for any reason.
- Email: The Company reserves the right to send You unsolicited email from either the Company or its partners and agents after You register for the Site. If Your account is terminated – regardless of whether such termination is voluntary or involuntary - You consent to continue receipt of these emails unless You formally opt out by visiting gohlp.com.
- Limitation of Use: You may use this Site for lawful purposes only.
- Intellectual Property: The Site contains the Company’s intellectual property or intellectual property that the Company has a license to display.
- Copyright: The copyright in all material on this Site, including the Site itself and the text, design, Content, source code, software, images, thumbnails, and other information is held by the Company. Alternatively, the Company owns a license from the copyright owner to display some of the Materials on the Site. The Company additionally maintains copyright regarding the Content on the Site, except for Content that is user submitted (as explained below), which the Company is permitted to display by the copyright owner. All copyrights are protected by U.S. and International copyright law and treaties. When You access this Site, either as a Member or a Guest, You certify that You will not copy or distribute any portion of the Site.
- License: The Company grants You a limited, personal, non-exclusive, non-transferrable, and revocable license to use the Site only for accessing or viewing Content or playing Games, subject to this agreement. You must not alter, copy, or share any Content or Games from the Site with any third party by any transmission method, including but not limited to, via email, hosting or sharing any Content or Games on a remote server, a torrent Site, or in a file locker.
- Trademark: gamersonlinepro.com and gohlp.com are service marks and/or trademarks owned by the Company (collectively “marks”). You are not permitted to use those marks or any marks that are confusingly similar for the provision of related goods and Services, including as an Internet domain name. There may be additional trademarks on the Site that belong to third parties. You should not use any third-party trademarks without the express permission of the trademark owner.
- Infringement: Your limited license does not transfer intellectual property rights to You. You have no title to or rights in any of the intellectual property on the Site. The Company has the right to take legal action against You for any infringement of its intellectual property. If the Company is forced to file legal action against You for intellectual property infringement, it will seek the maximum monetary and non-monetary damages available to the Company, including compensatory damages, punitive damages, statutory damages, reimbursement of its attorneys’ fees and costs, preliminary injunctive relief, and permanent injunctive relief.
- User Submissions: The Site permits its users to upload Games or other material to the Site (“Submissions”). Each user is solely responsible for his Submissions and whatever legal consequences may arise from the posting of those Submissions. Do not upload any Submission to the Site unless You can affirm to the Company that:
- Your Submission does not violate or infringe the rights of others, including, but not limited to, copyright, trademark, patent, trade secrets, contract rights, or any other proprietary rights;
- You own the intellectual property rights contained in the Submission or have permission from the owner of the intellectual property to upload the Submission;
- While You retain ownership in the Submission, You grant the Company a worldwide, royalty free, non-exclusive, transferable, and sub licensable license to display reproduce, modify, adapt, distribute, promote, transmit, create derivative works from, and publicly display or allow Members and Guests to interact with the Submission in connection with the Site.
- You will indemnify the Company, its officers, employees, agents, and affiliates and hold them harmless if any third party makes claims against the Company related to Your Submissions or Your activity on the Site, including any liability or expense arising from or related to those claims, losses, damages, judgments, and attorneys’ fees;
- You acknowledge that the Company is not liable or in any way responsible for any Submission that You upload that is obscene, unlawful, unauthorized, inappropriate, or objectionable in any way;
- You have paid any and all necessary residuals and/or licensing fees which were due or may become due in relation to Your Submissions; and
- You will never upload Games or Materials that contain falsehoods that could harm the Company or any third party.
- Downloads: You may download some of the Games to play on Your computer. When You download a Game, additional Terms may supplement this Agreement. By downloading a Game, You agree to comply with the additional Terms.
- No Endorsements: The Company does not endorse user Submissions and expressly disclaims liability for them. It does not permit copyright infringing Materials on the Site and will promptly remove such content if properly notified pursuant to the procedures of the Digital Millennium Copyright Act (“DMCA”) as detailed below.
- Digital Millennium Copyright Act: The Company respects the intellectual property rights of others. The Company will respond to notices of alleged Infringement that comply with the applicable law and are properly provided to us. If You are the owner of copyrighted material that a user, Guest, or Member has improperly Submitted to the Site, You may submit a takedown request pursuant to the DMCA by clicking here DMCA.
- Takedown Process: Your takedown request must contain the following information to be valid. If it does not, the Company may not be obligated or permitted to act on it:
- An electronic or physical signature of the copyright owner or the person authorized to act on the owner’s behalf;
- A description of the allegedly infringing material that is to be removed from the Site, and the location where the original or an authorized copy of the original exists (such as the website where the content is legally posted);
- Information sufficient to allow the Company or its authorized agent to contact You (typically, a postal address, an email address, and a telephone number). Please note that this information will likely be provided to the alleged infringer;
- A statement that You possess a good faith belief that use of the material on the Site was not authorized by its rightful owner, the owner’s agent, or the law; and
- A statement under penalty of perjury that the information in the takedown notification is accurate and that You are the copyright owner or authorized to act on the owner’s behalf.
- The Counter-Notification Process: When a user’s Submission has been removed from the Site, the Company will notify that user. That user will have 5 days to submit a counter-notification to the Site to explain why the Submission should not have been taken down. That counter-notification may be sent to the same email address from which the user originally received the takedown request from the Company. To be considered by the Company, a counter-notification must include:
- An electronic or physical signature of the user;
- The identification of the removed material by providing the URL(s) on the Site where the material originally appeared;
- A statement under penalty of perjury that the removed material was removed mistakenly or that the material removed was misidentified;
- Information sufficient to allow the Company or its authorized agent to contact You (typically, a postal address, an email address, and a telephone number). Please note that this information will likely be provided to the copyright owner and/or its agent; and
- Statements that the user will accept service of process from the copyright owner and/or its agent and that the user consents to the jurisdiction of the federal district court where the user is located or, if the user is not in the U.S., in any U.S. jurisdiction where the website may be viewed.
- Action Following Receipt of Counter-Notification: After We send a copy of the counter-notification to the copyright owner and/or its agent, the copyright owner and/or its agent may elect to sue the user for copyright infringement. If the Company does not receive notice within 10 days that the copyright owner and/or its agent has filed an infringement lawsuit, the Company will restore access to the removed Materials. Until such time, the material will be inaccessible.
- Repeat Infringer Policy: The Company has a strict repeat infringer policy that it rigorously enforces.
- The Company defines a repeat infringer as a Site user, Guest or Member that is notified of infringing activity more than once or has a submission removed from the Site more than once.
- If You do not provide a counter-notice, or You provide one that is illegitimate under 17 U.S.C. § 512(g)(3), for a notice of infringement, that notice shall be held against Your user account.
- In the event that You accumulate 2 such notices, the Site will terminate Your account, disable all materials that You have uploaded to the Site, and forbid You from ever uploading materials to the Site again.
- The Site maintains information about Your account and Your usage of the Site to detect and prevent banned users from establishing new accounts.
- Finally, by Your use of the Site, You consent and agree that the Site will be permitted to share all the information it possesses about You with the content owner or licensee if You fail to provide a valid DMCA counter-notice within 72 hours of receipt of the notice of a take-down request.
- For more information about our repeat infringer policy, please visit this link: DMCA.
- Access Costs and Fees: You are responsible for Your access costs and any fees You incur to access this this Site. This includes but is not limited to Your internet access costs (including fees incurred by Your wireless or internet carrier), Your equipment costs (such as a computer or cell phone) or any required hardware or software You need to play Games on this Site. Please check with Your wireless service or internet provider to assess if You will incur additional costs by using this Site.
- Availability of this Site and Games: Our goal is to provide an enjoyable and stable gaming environment for You. However, there may be times when the Company must take down the Site or certain Content or Games for maintenance.
- There may be other times when the Site or Games have technical issues that the Company cannot immediately resolve or are outside of Our control. We may also suspend or permanently remove any Game or Service on this Site for any reason without Your consent or giving You prior notice.
- We will not be liable for any loss or damages You may suffer because a Game or Service becomes temporarily or permanently unavailable.
- Third Party Websites: This Site may include links to other websites or resources. We are not responsible for the availability of those websites or for the maintenance of the links to those websites. Our Agreement does not apply to Your use of those websites and the Company is not responsible, directly or indirectly, for any damage or loss caused by third party Websites.
- Advertisements: The Site does not now display advertisements, but We reserve the right to display advertisements in the future. The Company will update this Agreement if this policy on advertisements changes.
- Assumption of Risks: You assume all risks associated with Your use of the Site and understand that the Company may remove any Materials contained on the Site at its sole discretion, and there is no recourse from Members against the Company for anything removed from the Site.
- Indemnity: You agree to indemnify and hold the Company or its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including attorney’s fees, made by any third party, arising out of Your violation of this Agreement, Your connection to the Services, or Your violation of any rights of another.
- Dispute Resolution:
- Complaints: If You have any complaints, please contact the Company at email@example.com and describe the full nature of Your complaint. The Company shall respond to You within 7 days of receipt of Your email regarding its views on the merits of Your complaint and possible options for resolution. This procedure shall be deemed settlement discussion and will not be defined as adversarial until the Company unequivocally states that it will provide You with no further response.
- Governing Law: This Agreement, and all matters arising out of or in any way related to this Agreement, shall be governed by the laws of the State of Nevada, excluding any conflict of law provisions.
- Jurisdiction: You agree that, without exception, all disputes between the Company and You will be adjudicated in the state courts in Clark County, Nevada. By using this Site, whether as a Member or Guest, You consent to personal jurisdiction and full adjudication of the dispute in Las Vegas, Nevada. This choice of forum and jurisdiction is mandatory, not permissive, and applies regardless of the amount in controversy. The sum of this is that any disputes You have with the Company will only be heard in Nevada state courts. Any claims filed in any other venue or jurisdiction shall be dismissed immediately for lack of jurisdiction. If You bring a claim in any other court, including federal courts in Nevada, You agree to pay all Our attorneys’ fees incurred in dismissing that matter due to the improper jurisdiction and venue.
- Injunctive Relief: Any request for injunctive relief, whether temporary, preliminary, or permanent, shall occur in the state courts of Las Vegas, Nevada.
- North American Free Trade Agreement: The Parties agree that Article 15 NAFTA shall not apply to this Agreement or any relations between the Parties.
- Disclaimers and Limitations of Liability: This Site and all its Material are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permissible by law, the Company, its Owners, Officers, Directors, Employees, and Agents disclaim all warranties, express or implied, including the warranty of merchantability or fitness, in connection with the Site and Your use of the Site. The Company makes no warranties or representations about the accuracy or completeness of the Site’s Contents or the Content of any hyperlink on the Site. The Company does not warrant that the Site will be free of viruses or other harmful components. The Company will not be liable for unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored here, except as otherwise
- Limitation on Damages: In no event shall the Company, its Owners, Officers, Directors, Employees, and Agents will not be liable to You for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use of or the inability to use, the Materials contained on this Site, whether the Materials are supplied by the Company or a third party. This includes but is not limited to damages resulting from:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from Your access and use of the Site;
- Any interruption or cessation of transmission to or from the Site;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party;
- Any errors or omissions in any content or for any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available on the Site, whether based on warranty, contract, tort, or any other legal authority, and whether or not You are advised of the possibility of such damages.
- The Company does not warrant, endorse, guarantee, or assume responsibility for any product offered by or advertised by any third party on the Site or hyperlinked on the Site or featured in any banner advertisement or other advertising. The Company will not be a party to, or in any way responsible for, monitoring any transaction between You and third party providers of products or Services. As with the purchase of any product or service in any medium or in any environment, You should use Your best judgment and exercise caution when appropriate.
- You specifically acknowledge that the Company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that risk of harm or damage from the foregoing rests solely with You.
- The Company makes no representation that the Site is appropriate or available for use outside of the United States of America. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
- Except in jurisdictions where limitation of liability provisions are not enforceable for incidental or consequential damages, the Company’s maximum liability to You shall be limited to the fees paid by You for a period of no more than 1 month from the accrual of the applicable cause of action.
- Some jurisdictions may not allow the exclusion or limitations of certain warranties or certain damages, so some exclusions and limitations in this Agreement may not apply to You. Consult an attorney if You have any questions.
- Contact: You agree that the Company may contact You by any electronic means, but usually email, to send You required notices and information about the Company Site. You may contact us any time at firstname.lastname@example.org or call us at 661-263-4118, toll-free: 888-241-0531.
- Attorney Contact: Our attorney may be contacted at:
Randazza Legal Group
Attention: Marc J. Randazza
4035 S. El Capitan Way, Las Vegas, NV 89147