TERMS

TERMS & CONDITIONS

Use of GameStirs web site is governed by the following Terms and Conditions of Use.

GameStirs web site offers entertaining interactive games which promotes dining rewards ("GAMErewards"). All members at GameStirs web site can win GAMErewards. The question is not whether you will win, but when you will win. When someone else wins GAMErewards, it does not affect your ability (or that of any other player) to win!

Dining Values are provided by GameStirs restaurants, because it provides a good way for them to advertise their products to players on GameStirs web site.

Eligibility
To register and play, you must:
•Be at least 16 years of age;
•Have an email account through which you can send and receive personal and private email messages;
•Have uninterrupted and unrestricted access to the Internet;
•Be able to run current versions of Javascript programs in your browser, and have cookies and popups enabled.
•You must register using your real name and email address.

By registering on GameStirs web site, you agree that you meet these eligibility requirements and agree to abide by all other Terms & Conditions of Use. Violating these or other rules may cause the immediate suspension or cancellation of your account(s), and void your right to receive any GAMErewards you may have earned.

You are expressly prohibited from creating multiple registrations or accounts for use by the same person. Any violation will result in immediate suspension of all your accounts.

USE OF PROFANITY OR RUDE BEHAVIOR IN GAMEchat WILL RESULT IN IMMEDIATE SUSPENSION OF YOUR PRIVILEGES.

Canceling your Membership
To cancel your GameStirs membership, select DELETE when logged on to your member account. Deleting your account takes effect immediately.

Earning GAMErewards
Your chance of earning GAMErewards is 100%, though the amount of play required to earn GAMErewards varies depending on the amount of games played and the types of games played.

GAMErewards
GAMErewards are listed on each restaurant page. You can redeem your points for GAMErewards at any time if you have enough points for that particular GAMEreward. GAMErewards are immediate.

Although non-US players are welcome, please be aware that GAMErewards are only available in the USA.

GAMESTIRS MAKES NO GUARANTEE, WARRANTY, OR REPRESENTATION, EXPRESSED OR IMPLIED, AS TO THE CORRECTNESS OR SUFFICIENCY OF ANY INFORMATION, OR AS TO THE MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY GOODS OR SERVICES DESCRIBED ON THE WEB SITE.

GAMErewards are not for resale, and are not transferable. After you have claimed GAMErewards, the points cannot be credited back to your account. All GAMErewards Expire in 2-7 Days. This means that you must use your GAMErewards with the restaurant within that 2-7 day period, or you forfeit your GAMErewards. Expired GAMErewards will not be replaced or refunded. Note also that you must be 16 years or older to receive any GAMErewards. If GameStirs attempts to verify your identity, eligibility, or age, but is unable to do so, GameStirs may in their sole discretion withhold your GAMErewards. Points are not transferable, and may not be combined across multiple accounts to claim GAMErewards or for other purposes.

No Cash Value
Points and GAMErewards have NO cash value. There is no money involved to play GameStirs or to win GAMErewards. Everyone playing GameStirs will have a 100% chance of winning GAMErewards.

GameStirs Decisions are Final
In the event of any dispute, GameStirs decisions are final and binding on all players.

Code of Acceptable Conduct
When using this web site you agree to abide by the following code of acceptable conduct:
•You will not tamper with, interfere with, or undermine GameStirs web site, data, games, or operations in any way. You will not attempt to download programs or data from, reverse engineer, or copy GameStirs web site or operations. You will not upload viruses or other harmful components.
•You will not advertise any goods or services, or use GameStirs web site to promote any commercial enterprise including other web sites.
•You will not solicit or disclose personal information about anyone other than yourself.
•You will not use, or permit to be used, any automatic programs to play, upload or download data, open accounts, or otherwise interact with GameStirs web site. You will not use, or permit to be used, any automated programs to send email to any address at the gamestirs.com domain. This prohibition includes, but is not limited to, the use of "bots", "snipes", and "crawlers".
•You will not upload, type in, copy or otherwise provide infringing, defamatory, obscene, abusive, illegal or improper content, and represent that you have the proper right and authorization to use any information or content that you provide.
•You will behave in a sportsman-like manner at all times, and will refrain from harassing, threatening, or attempting to discern the identities of other players. You will not contact other players outside of GameStirs web site without their consent.
•You will not use the web site to further any illegal purposes. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods or services.
•Except as otherwise specifically provided elsewhere on this web site, all comments, data, content, suggestions, ideas, concepts or other information you disclose or offer publicly by or through this web site shall be deemed and shall remain in the public domain. No such information shall be subject to any obligation of confidence, and GameStirs shall not be liable for any use or disclosure of any such information, comments, data or content. By uploading or otherwise providing any information, content or data to this web site, you hereby grant GameStirs the unlimited right to reuse, redistribute, modify and create derivative works from such information, content or data for any purpose.

Account Termination
GameStirs reserves the right, in their sole discretion, to terminate your account and/or limit or prohibit your participation in any part of the web site, for any or no reason.

Public Display of Information About You
When you register, you may be requested to enter your real first and last name. Your full name may be visible or not available to other players (depending on your profile setup). GameStirs reserves the right, in their sole discretion, to change, suspend and/or terminate offensive screen names. In addition, you may provide other personal information through your profile which is intended for public display, and certain facts and events pertaining to your membership (such as your membership start date and when you win points or refer a friend) may be publicly displayed. Information intended for public display will be identified as such at the time GameStirs asks you to provide it. By providing such information, you agree that GameStirs may publicly display it along with your screen name, and include such information in promotional materials, advertisements, and similar uses.

Trademarks and Hyperlinks
"GameStirs", "I'Mhere", "FAVit", "GAMErewards", "FRIENDSnetwork", "GAMEchat", "GAMEmail" and "gamestirs.com" are trademarks of ImageNNetwork. The names of other companies and products mentioned herein are the trademarks of their respective owners. Hyperlinks to other web sites or information sources are provided as a courtesy, and GameStirs cannot vouch for or take responsibility for the information contained therein. Hyperlinks to other web sites do not represent or imply GameStirs endorsement. If you access a third party site from GameStirs web site, you do so at your own risk. Additionally, your dealings with or participation in promotions of restaurants found on the GameStirs web site are solely between you and such restaurants. GameStirs is not responsible for any loss or damage of any sort relating to your dealings with such restaurants.

Limitation of Liability
In no event shall GameStirs be liable for any special, incidental, indirect, punitive or consequential damages, including but not limited to, loss of profits, loss of use, loss of data or information, business interruption, or any other damages whether in an action of contract, negligence or other tortious action, arising out of or in connection with the availability, use, reliance on or inability to use the web site. In no event shall GameStirs total liability for claims, damages and causes of action, whether in contract, tort or otherwise, exceed the amount paid by you, if any, for using the web site.

Jurisdiction and Choice of Law
This web site is controlled and operated by GameStirs from the offices in Eastham, MA. These terms and conditions shall be governed by and construed in accordance with the laws of Barnstable County and the state of Massachusetts, without giving effect to any principles of conflicts of law.

In addition, you are subject to all local laws of the jurisdiction in which you reside and from which you access this web site, and are solely responsible for obeying those laws. You agree that GameStirs cannot be held liable if laws applicable to you restrict or prohibit your participation.

Terms and Conditions Subject to Change
These Terms and Conditions are subject to change from time to time without notice, so please check back frequently.



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