Terms of Use

for Grampy’s Games

Effective Date: June 15, 2021

The following Terms of Use (we’ll call them the “Terms”) govern your use of https://grampysgames.com (we’ll refer to it as “Grampy’s Games”), which we, Fred Engel, LLC, own and operate. By using Grampy’s Games, you agree to abide by these Terms and any applicable modifications. Please read these Terms and the Privacy Statement http://grampysgames.com/policy carefully before using Grampy’s Games. Your access to and use of Grampy’s Games is conditioned upon your acceptance of and compliance with the Terms.

SECTIONS

· Communities & Accounts

· Privacy & Use by Children

· Video & Audio Streaming

· Prohibited Uses

· Termination or Suspension of Access

· Content You Post or Share

· Obligation to Abide by Applicable Law

· Disclaimer of Warranties

· Limitation of Liability

· Release and Indemnity

· General Legal Information

· Changes and Notice

· Contact Us

Communities, Accounts & Partners

To use Grampy’s Games, you need to be at least one of two types of user – an administrator or a community member. You are responsible for maintaining and securing your account credentials and will be solely responsible for all activity that occurs under your account unless such activity occurs due to unauthorized access. Do not share your username and password with others.

Administrators

Administrators are the creators of one or more communities, who can select the community name and invite players to join by creating accounts for each player within the community. Administrators are responsible for creating, maintaining, updating, and sharing login credentials for the accounts associated with any community the administrator makes. To remove a community member you can do so from through the settings button after you have logged in. To delete a community, or delete your account, please email info@grmapysgames.com. If an administrator is under 13 years old or intends to invite a community member who is under 13 years old to join a community, the administrator must have parental consent or provide a parent’s email address so we can obtain parental consent for the user under 13 years old to join Grampy’s Games.

Community Members

Community members can change their username, nickname, and passwords within a community to play games with the administrator and other community members within that specific community. If you have been invited to join multiple communities or are an administrator and community member for different communities, you may have separate accounts and login information for each community. To delete your account or leave a community, you can contact the administrator of the individual community.

Partners

In order to play any of our two-player games, you will need to choose a partner out of a list of online community members who are ready to play. If you do not recognize an account in your community, we recommend you or your parent reach out to the administrator to confirm that account’s identity before playing a game with that account.

Privacy & Use by Children

Certain information we may collect about you is subject to our Privacy Statement http://grampysgames.com/policy. Please review the Privacy Statement, which is incorporated here by reference, for more information about the information we collect, how we use and share it, and how you can control it. Grampy’s Games was designed for grandparents to play free games and interact with their grandchildren online in real time. We take our responsibility to protect the users who use Grampy’s Games, especially children under 13 years old, seriously. You can learn more about how we handle children’s personal information under the “Children’s Privacy” section of the Privacy Statement.

Video & Audio Streaming

What makes Grampy’s Games so special is the real-time audio and video connection community members can have while playing the free online games we offer. In order to function properly, your browser or device may ask for permission to use the microphone and camera to display video to your partner during the game. If you no longer want to share video and audio with your partner, you can click on the pause button or leave the game. If you do not want to see or hear your partner leave the game. Grampy’s Games does not monitor, record, or store any video or audio content. If you feel uncomfortable or unsafe at any time, please leave the game and immediately contact your community administrator or email us at, info@grampysgames.com .

Prohibited Uses

Grampy’s Games is for lawful, personal use and should never be used commercially or as otherwise prohibited in these Terms. You may not engage in any conduct on Grampy’s Games that:

· Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights

· Involves uploading, posting, emailing, transmitting, or otherwise making available anything that you do not have a right to make available under any law or under contractual or fiduciary relationships

· Is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, vulgar, profane, obscene, or transmits any information or data that we deem in our sole discretion to be inappropriate for Grampy’s Games

· Victimizes, harasses, stalks, degrades, attacks, or intimidates an individual or group of individuals on any basis, including, without limitation, religion, gender, sexual preference, race, ethnicity, age, or disability

· Contains any personally identifiable information or other information that might be used to identify or locate a user without their prior consent

· Harms minors in any way

· Impersonates any person, business, or entity, including us, our employees, or agents, or any administrator or community member, or in any. Way falsely states or misrepresents your affiliation with a person or entity

· Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer, network, or mobile device

· Disrupts the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges

· Encourages conduct that would constitute a criminal offense or that would give rise to civil liability

· Instigates or encourages others to commit illegal activities or cause injury or property damage to any person

· Is intended to promote or generate revenue for any third-party business activity

· Damage, disable, overburden, or impair our servers or networks

· Gain or attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means

· Otherwise interferes with the use or enjoyment of Grampy’s Games by others or violates these Terms or any guidelines, instructions, or policies posted on Grampy’s Games

We may take any legal and technical remedies available to us to prevent the violation of and otherwise enforce these Terms.

Termination or Suspension of Access

We reserve the right to terminate, suspend, or otherwise restrict your use of and access to Grampy’s Games or any portion thereof, with or without notice to you, at any time and for any reason whatsoever, with or without cause, in our sole discretion. Additionally, we reserve the right to modify or discontinue Grampy’s Games or any portion thereof at any time with or without notice. Grampy’s Games shall not be liable to you or any third party for any such termination, suspension, restriction, modification, or discontinuation.

Content You Post or Share

You are responsible for all content you post on or through Grampy’s Games, including, but not limited to, community names, account names, nicknames, and audio and video streaming. Unless otherwise indicated, we have no obligation to monitor or control any of the content that is or becomes available on or through Grampy’s Games. We reserve the right to review, refuse, or remove any content or account that is, in our sole discretion, unacceptable, undesirable, or otherwise in violation of these Terms; however, we have no obligation to do so. We may terminate access to Grampy’s Games for users who are found to provide content we deem, in our sole discretion, is unacceptable, undesirable, or otherwise in violation of these Terms. By submitting content to us, you grant us a perpetual, sublicensable, non-exclusive, royalty-free, worldwide license to use, transmit, copy, and display such content in any and all media now known or hereinafter devised, and you represent that you have all necessary rights in such content to grant such license to us.

Obligation to Abide by Applicable Law

In connection with the use of Grampy’s Games, you shall abide by all applicable federal, state, or local laws, including, without limitation, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, copyright, and trademark. Grampy’s Games may include intellectual property that is protected under copyright, trademark, and other intellectual property laws of. the United States and/or other countries. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic. And graphic images, music, sound samplings, and other protected materials. The violation of applicable laws may give rise to civil or criminal penalties.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT GRAMPY’S GAMES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, INCLUDING ANY OF OUR MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUCCESSORS, ASSIGNS, AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THESE TERMS OR THE USE OR INABILITY TO USE GRAMPY’S GAMES, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION AVAILABLE ON GRAMPY’S GAMES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF GRAMPY’S GAMES. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FFEATURES AND FUNCTIONS OF GRAMPY’S GAMES.

Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST US ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF GRAMPY’S GAMES. YOU ALSO AGREE TO DEFEND, INDEMNIFY, AND HOLD US, INCLUDING ANY OF OUR MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUCCESSORS, ASSIGNS, AND AFFILIATES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH THESE TERMS, YOUR USE OF GRAMPY’S GAMES, OR YOUR FAILURE TO ABIDE BY APPLICABLE LAW.

General Legal Information

These Terms and your use of Grampy’s Games is governed by, construed, and enforced in accordance with the laws of the State of Rhode Island without regard to its conflict of laws rules. Grampy’s Games is intended exclusively for residents of the United States. We make no representation that Grampy’s Games is appropriate or available for use in locations outside of the United States. If you choose. To access Grampy’s Games from a location outside the United States, you do so of your own initiative and you alone are responsible for compliance with local laws. Under no circumstances are we responsible for ensuring that Grampy’s Games is in compliance with the local laws of jurisdictions outside the United States. No software from Grampy’s Games may be downloaded, exported, or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. These Terms contain the entire understanding and supersede all prior understandings between you and us relating to your use of Grampy’s Games and cannot be changed or terminated orally. If any provision of these Terms is found to be illegal or unenforceable by a court of competent jurisdiction, these Terms will be deemed modified to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Changes and Notice

We may revise these Terms from time to time, and will notify you before we make any material changes to give you an opportunity to review the revised terms before continuing to use Grampy’s Games. We will update the “Effective Date” of these Terms accordingly. By using Grampy’s Games, you agree that we may provide required notices, agreements, and other information concerning Grampy’s Games to you electronically by posting on the home page or elsewhere on Grampy’s Games. If you do not agree to the Terms or revisions of the Terms, you may no longer use Grampy’s Games.

Contact Us

If you have any questions about these Terms, please contact us at info@grampysgames.com