1. The Site, all Games, the Services, and all materials contained in the Site, the Services, and any Games are maintained for your personal entertainment and information. Subject to your compliance with these Terms and Conditions, G5 hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, and use the Site, the Services, and the Games solely for your personal and non-commercial purposes. For purposes of clarity and without limiting or waiving any term or condition set forth elsewhere in these Terms and Conditions, you acknowledge and agree that G5 is entitled, with immediate effect, to block your access to the Site, any Services, any Games, provided in connection with either if G5 determines, in its sole discretion, that your use violates any applicable law and/or otherwise constitutes a breach these Terms and Conditions in any way. Your right to access and use the Site, , the Services and/or any Game is provided at our discretion, and your account may be suspended or terminated at any time and for any reason. No material from the Site or any Game may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of the copyright and other proprietary rights of G5 and the artists who created the materials. You may not distribute, modify, transmit or use the content of the Site, , the Services or any Game, including any and all graphics and/or sound files, for public or commercial purposes without the express written permission of G5. You acknowledge and agree that, with regard to any Game downloaded from a third party provider (such as Apple, Google/Android, Amazon, etc.), even though G5 is not a party to any license between you and such third party, G5 shall be a third party beneficiary of such third party’s end user license agreement. You also agree that, as a third-party beneficiary to any such end user license agreement, G5 shall have the right to enforce such license against you.
2. All Games, text, data, graphics files, sound files and other materials contained in the Site and/or promoted or made available on the Site and/or through the Services are copyrighted unless otherwise noted and are the property of G5 and/or a supplier to G5. No such materials may be used except as provided in these Terms and Conditions.
3. All trade names, trademarks, and images and biographical information of people contained in the Site, the Services and/or any Games are either the property of, or used with permission by, G5. The use of these materials by you is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of these materials may violate the copyright, trademark, and other proprietary rights of G5 and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement, and Game, or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the owner thereof.
4. Any and all virtual goods and/or virtual currency provided by the Site, the Services, or as part of any Game are provided solely for your personal entertainment and use solely as part of your use and enjoyment of the Site and/or any applicable Game or Games. Their use is subject to these Terms and Conditions as applicable. All virtual goods and virtual currency are licensed to you, are not your personal property, and no ownership interest in them is transferred to you. The prices charged and the quantities made available, as well as the kinds of virtual goods and virtual currencies made available, may be changed by G5 at any time and with or without notice in its sole discretion. Any and all such virtual goods and virtual currency may also be changed or discontinued at any time with or without notice by G5 in its sole discretion. No virtual goods or virtual currency may ever be redeemed by you for money, services, merchandise, or other goods or items of monetary value from G5 or any other third party.
5. While G5 uses reasonable efforts to include accurate and up to date information in the Site and the Services, as well as the Games, G5 makes no warranties or representations as to its accuracy. G5 assumes no liability or responsibility for any errors or omissions in the content of the Site, the Services and/or any Game.
6. When you register with G5 and/or this Site, the Services and/or any Game, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from G5. You consent to receive notices electronically by way of transmitting the notice to you by email.
7. If you send comments or suggestions about the Site, the Services and/or any Game to G5, including, but not limited to, notes, text, drawings, images, designs or computer programs, to G5, such submissions shall become, and shall remain, the sole property of G5. No submission shall be subject to any obligation of confidence on the part of G5. G5 shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
8. G5 shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site, the Services, and/or any game. Use of the Site, the Services and/or any Game is completely at your own risk.
9. Your use of the Site, the Services (including any chat rooms, in-game messaging, bulletin boards, etc.), and/or any Game, in connection with any of those shall governed by certain rules (G5’s “Code of Conduct”) maintained and enforced by or on behalf of G5 and to which you (and all users) must adhere. It is your responsibility to know, understand and abide by the Code of Conduct. The following rules are not meant to be exhaustive. In addition to the conduct specified below, G5 reserves the right, in its discretion, to take disciplinary or other measures as it sees fit in response to conduct that it deems unacceptable, including, without limitation, to delete or alter any username; to suspend, terminate, or cancel your user account and/or your access to and use of the Site, any Service, any Game, and/or any service offered in connection with either; or to terminate any license granted in this Agreement, for any reason whatsoever. G5 further reserves the right to modify the Code of Conduct at any time.
a) Unacceptable Online Conduct. Any attempt by you to disrupt, or encourage or promote the disruption of the Site, any Service, any Game, and/or any related service may be a violation of criminal and civil laws. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Site, any Service, any Game, and/or any related service nor will you interrupt or attempt to interrupt the operation of the Site, any Game, and/or any related service in any way, including without limitation, by doing any of the following:
i) using any unauthorized third-party software that intercepts, or otherwise collects, information from or through the Services;
ii) modifying or causing any files that are a part of the Site, any game, and/or any related service to be modified in any way;
iii) facilitating, creating or maintaining any unauthorized connection to the Site, any Game, and/or any Service;
iv) using any third-party software that allows you to have an advantage in game playing that was not intended by the Game’s design and/or using game chats for transmitting information about such programs;
v) using of the Site, any Service, any Game, and/or any service offered in connection with either for purposes of promoting or advertising third party goods and/or services of any nature; or
vi) disrupting or assisting in the disruption of any computer used to support the Site, any Game, and/or any Service or another individual’s access to or use of any of the foregoing.
b) Username Rules. G5 may change your username and/or avatar, block your registration, remove your username and/or avatar from all aspects the Site, any Game, and/or any related Service, and/or suspend or terminate your access to the Site, any Game, and/or any related Service, if G5 determines, in G5’s sole discretion, that your username and/or avatar is contrary to the Code of Conduct and/or these Terms and Conditions, including, without limitation, the requirements set forth in this Section 9. You may not use any name:
i) that belongs to another person with the intent to impersonate that person or that may mislead others to believe you to be the other person an employee of G5;
ii) that uses vulgar or insulting language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or religiously charged, or other language G5 considers objectionable;
iii) that belongs to any celebrity, media personality, popular culture persona, or any other name protected by a third-party’s trademark(s), service mark, publicity rights or other proprietary rights;
iv) that is, contains, or is substantially similar to, a trademark or service mark belonging to any third party, whether registered or not;
v) that is related to drugs, sex, alcohol, or criminal activity; and/or
vi) that G5 otherwise finds offensive and/or inappropriate for any reason, in G5’s sole discretion.
c) Rules Related to Use of the Site and Games and other Services. If you download or otherwise access the Site, any Game, and/or any other content and/or Services provided G5 and breach the terms and conditions associated with that access, or otherwise use and/or access such Game or content in a manner that G5 deems inappropriate (including without limitation any behavior that G5 in its sole discretion finds to be offensive, unlawful, harassing, pornographic, promoting nudity, racial or ethnic hatred in any manner), then your use of this Site, any such Game, any Service, and/or your user account may be immediately terminated or suspended in G5’s sole discretion.
11. Transfer of Information Across National Borders
The Site, Services and Games are operated on servers located in various jurisdictions, including the United States. When you access or use the Sites, the Services, and/or the Games, personal information about you may be transferred outside the country in which you are situated to these other locations. By accessing the Site, Services, and/or any Game, you consent to any such transfer. G5’s policies ensure that such personal information is protected to the same standard when processed by any Company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.
12. DMCA Notice
G5 respects the intellectual property rights of others and request that Users of the Site and the Services likewise respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, G5 will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. It is, furthermore, G5’ss policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify G5 as required by the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
*An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
*Identification of the copyrighted work that you claim has been infringed;
*Identification of the material that is claimed to be infringing and where it is located on the Service;
*Information reasonably sufficient to permit CGCircuit to contact you, such as your address, telephone number, and, e-mail address;
*A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
*A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following email address:
Subject: Notice of DMCA COMPLAINT
Alternatively, if you prefer to contact us via postal mail, or fax, here is information about where to do so:
Fax: +1-844-270-4837 (with hard copy to address below)
G5 DMCA Complaints
Attn: Jeffrey W. Rose, Esq.
4675 MacArthur Court, Suite 550
Newport Beach, CA 92660
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
Please note that this procedure is exclusively for notifying G5 and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with G5’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, G5 has adopted a policy of terminating, in appropriate circumstances and in G5’s sole discretion, members who are deemed to be repeat infringers. G5 may also at its sole discretion limit access to the Site, any Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. NEITHER G5 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY GAME SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION ANY AND ALL GAMES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. G5 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. G5 DOES NOT WARRANT THAT USE OF THE MATERIALS, INCLUDING THE GAMES, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ANY GAME, OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. G5 SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Apple’s iTunes or AppStore). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
14. IN CASE OF A MALFUNCTION OR DISRUPTION OF SERVICE FOR WHICH G5 IS RESPONSIBLE THAT PREVENTS YOU FROM COMPLETING THE GAME IN WHICH YOU HAVE BEGUN TO PARTICIPATE, G5 WILL ALLOW YOU TO RE-INSTALL SUCH GAME AND/OR ANY RELATED VIRTUAL GOOD AT NO CHARGE. G5 MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR THAT UNFINISHED GAME AND/OR ANY AFFECTED VIRTUAL GOOD ONLY OR A PRO-RATA PORTION THEREOF. G5 SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PURCHASE OF ANY GAME AND/OR VIRTUAL GOOD OR VIRTUAL CURRENCY REGARDLESS OF THE REASON FOR DISRUPTION. G5 MAY ALSO REFUSE ANY SUCH REFUND FOR ANY SERVICE OR GAME FOR WHICH YOU ARE NOT CHARGED ANY INITIAL FEE. G5 SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Apple’s iTunes or AppStore). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. G5 RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER G5 IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. G5 ALSO RESERVES THE RIGHT TO LIMIT YOUR PLAY OR TERMINATE YOUR ACCOUNT SHOULD G5 DETERMINE THAT YOU ARE RESPONSIBLE FOR SUCH TERMINATION OF SERVICE, THAT YOU HAVE OTHERWISE VIOLATED THESE TERMS AND CONDITIONS, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF G5. G5 RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR G5’S PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. You agree that this limitation of liability as well as any damage exclusions provided above shall apply even if any remedy provided to you fails of its essential purpose.
15. You agree to indemnify and hold G5 and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site, any Game, or any services that G5 may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. G5 reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide G5 with such cooperation as is reasonably requested by G5.
16. The provisions of these Terms and Conditions are for the benefit of G5, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
17. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
18. These Terms and Conditions may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Last updated May 24, 2018