By viewing or accessing SmashGamez.com (also referred as: "Site", "we", "us", "our"), and/or using games, software, applications, products or services you ("Client", "you" and "your" refers to you, the person accessing this website) expressly agree to the following Terms and Conditions ("Terms") including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations as detailed below.
The Privacy Policy is part of this Terms and Conditions and is only visually separated to make it easier for you to read.
If you do not agree to these Terms, you do not have permission to use the Site. SmashGamez.com reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of major changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.
Although SmashGamez.com attempts to ensure that all information contained on this website is error-free, we accept no liability for omissions, and reserve the right to change or alter the content of the site at anytime. SmashGamez.com does not make any warranty that the website is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.
Links
SmashGamez.com accepts no responsibility for the links to or from its website and the inclusion of these links does not mean that SmashGamez.com endorses the material or content of these sites.
Advertisements
SmashGamez.com accepts no responsibility for any third party advertisements that may appear on the Site.
Disclaimer Regarding Third Party Games, Applications or services
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY GAME, APPLICATION OR SERVICE THAT MAY BE ACCESED VIA SMASHGAMEZ.COM, IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY SMASHGAMEZ.COM. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE MAY ALSO BE GOVERNED BY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE PROVIDER'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY GAMES, APPLICATIONS OR SERVICES OR YOUR USE THEREOF.
Third party product, games or services may have additional terms and conditions associated with them.
User Identity Creation/Privacy Terms
When creating a user identity ("User ID"), you must provide truthful and accurate information. You must be who you claim to be. Providing false information is a violation of these terms.You, as creator of your User ID, are completely responsible for your identity. SmashGamez.com will not tolerate offensive or obscene user identities. If a User ID violates any part of these terms, we may immediately temporarily or permanently ban such User ID.
Information about our Privacy Policy can be found in the Privacy Policy section of this website. Please do not reveal your password to others or otherwise permit them to use your account. If you forget your password or User ID, you can follow the links in the login section to recover your information.
SmashGamez.com is not responsible for any misuse of your User ID, whether such misuse is by you or by third parties. When creating a User ID, you agree to hold SmashGamez.com and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password.
User Rules
Users may be banned or accounts suspended or terminated on the entire SmashGamez.com website or any game available on SmashGamez.com if users use inappropriate language or inappropriate behavior as determined by us. Inappropriate language and/or inappropriate behavior is not allowed on SmashGamez.com. The Site is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions.
You agree not to do any of the following:
1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
6. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
7. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
8. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by SmashGmaez.com.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Site or service in violation of the law.
User Identity Deletion/Deactivation
When you decide to delete your account, your account will firstly be deactivated for 30 days. In this time you will still be able to log in to your account, but your User ID will not be publicly visible. You will also be able to reactivate your account at any time during the mentioned period. When the 30 days expire your account will be fully deleted including your profile picture, comments posted and game progress. Reactivation will not be possible after deletion. Your username will be available for registration again.
Content Posting/Submissions
By submitting/posting any Content, such as but not limited to audition, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials, you hereby grant to SmashGamez.com, a non-exclusive, royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through SmashGamez.com and it's services or any other medium.
You acknowledge that you are responsible for the Submissions that you provide and for managing your User ID. You, and not SmashGamez.com, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy, SmashGamez.com does not prescreen or monitor any Submissions.
All materials published in forums, chat rooms and similar venues on the Site are considered public. Therefore, SmashGamez.com strongly recommends that you not publish any personal information about yourself or others on or through the Site.
Assumption of Risks and Mature Content
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT SmashGamez.com SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
Disclaimer of Warranties
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND SMASHGAMEZ.COM AND APPLICATIONS OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. SMASHGAMEZ.COM HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION, SmashGamez.com DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
International Usage
SmashGamez.com makes no representation that the Site, Applications, or related information offered by the Site are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Intellectual property
All content on the Site is the copyright of SmashGamez or other providers. All trademarks, graphics, logos, games and other multimedia are the property of their respective owners and authors. You may not use any of this content for any purpose or in any manner whatsoever that is not authorised by the copyright owner.
Copyright protections includes, but is not limited to, logos, designs and the layout of the website (www.smashgamez.com).
Copyright Infringement/Disclaimer
All emulated games (found in the 'GBC' section) are no longer being sold or distributed and it is assumed that they are all a form of Abandonware. SmashGamez.com owns a physical copy of the digital copied games found in the mentioned section. No copyright infringement is intended. When playing the games on the Site, you are 'renting' a digital copy of each game and will not have the ability to download the game to your machine. User save files of each game will be available for as long as the User ID is available and the Site is available or until the user deleted it or overwrote it. SmashGamez.com cannot be made responsible if data loss should occur.
All other games provided by this website (excluding the games developed by SmashGamez.com) are considered to be from the public domain, e.g. they are widely found on many other gaming sites. We try our best to give as much credit back to their authors/owners/organizations as possible.
But if you believe such a game should not be featured on SmashGamez.com, please contact the webmaster and we shall arrange to take off the game as soon as possible. Usually within 24-48 hours.
Additionally, if you believe that your copyrightable work is being displayed on this Site and is violating copyright regulations, please contact the webmaster as well, so the matter may be investigated.