I.  Terms and Conditions of Use
Updated as of January 4, 2015
PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY
General
These Terms of Use apply to this website, all related GNG websites (each a “GNG Website”), mobile applications, and services (including GNG’s subscription video streaming service [the “GNG Network”]) that link to this policy (collectively, the “Services”) unless we have posted special terms of use to a particular website or with respect to a particular service. In that case, those special terms of use apply to that website or service to the extent that they are different from these Terms of Use. The Services are provided by or on behalf of GotNextGame, Inc. or its affiliates or subsidiaries (“GNG”, “we”, “us”). By using the Services, you signify your agreement to these terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, please do not use the Services.
Please note that these Terms of Use contain capitalized words or phrases. These words and phrases are defined terms. Their definitions are found either in our Privacy Policy or in these Terms of Use. To help you use our Privacy Policy and our Terms of Use we have made some words, phrases and headings into hyperlinks. These words, phrases and headings have color highlighting.
These Terms of Use apply to you whether you are a “Visitor” (which means that you are simply visiting a GNG website) or a “Registered Fan” (which means that you have registered with GNG to participate in online activities or paid subscription services). The term “User” refers to both a Visitor and a Registered Fan. Registered Fans are also referred to simply as “Fans.” The term“Membership” refers to a Registered Fan’s account and ability to post to and participate in activities and services hosted on a GNG website. If you wish to become a Registered Fan, you must read these Terms of Use and indicate your agreement with these Terms of Use and with any other instructions or requirements that may be part of a registration process.
PLEASE NOTE: Eligibility. Membership is void where prohibited. Fans may not register with the Services unless: (a) all registration information you submit is accurate, current and complete; (b) you agree to maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Participation in the Services includes, but is not limited to, postings to or other forms of participation with forums, blogs, groups, comments, chats, or the submission of photos, videos or other content (“Participation”). Any content generated by a User involving the use of any functionality of a GNG Website is referred to as“User-Generated Content.”
Any User-Generated Content may be deleted and your registration may be cancelled without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. You may not engage in any form of Participation on behalf of another person and if we believe you have, GNG reserves the right to remove it.
We may change these Terms of Use at any time. We suggest that you review these Terms of Use periodically for changes. Your use of the Services after the posting of changes to these Terms of Use will mean you accept the changes. Where, however any change to these Terms of Use is a material change (i.e. not one which is merely a small or technical change which does not affect you in any material way) or, in the case of the GNG Network, we make a significant change to the basis on which the GNG Network is made available to you (including, for Month-to-Month Recurring Subscriptions, a change in the price payable by you each month) we will notify you of the relevant change(s) by email, using the email address you provided to us at registration. If the change is an increase in monthly subscription price, or if it materially disadvantages you, we will notify you at least one month before the change takes effect, giving you the opportunity to cancel your subscription before the relevant change comes into effect. Your continued use of the Services after the changes come into effect (and, in the case of any paid subscription, your failure to cancel the same within the relevant notice period) will mean you accept the changes. If a material change to these Terms of Use (or to the GNG Network itself) needs to be made more quickly for security, legal or regulatory reasons, we will give you as much notice as we are reasonably able to give you. The most up-to-date version of these Terms of Use will always be available on the GNG website and when we notify you that the Terms of Use are changing we recommend that you print the latest version for your records.
GNG may also offer other services from time to time that are governed by different terms and conditions of use. You will be provided with a copy of such terms and conditions of use prior to you contracting to receive such services. The Services are based in the United States. By using the Services and/or by submitting personal information to the Services, you consent to having your information transferred to the United States and being processed and maintained in the United States, subject to applicable U.S. laws. U.S. laws may be different than the law of your home country.
Copyright, Ownership and Restrictions on Use of Materials
All materials contained on the Services are the copyrighted property of GNG and its affiliates and/or our third party licensors. All trademarks, service marks and trade names, including but not limited to the GNG and GNG marks, as well as the names of its Owners, are proprietary to GNG or its affiliates and are protected by state, federal and international trademark laws.
The textual, photographic, video, audio and combined audiovisual programs and products resulting from GNGs events and television programs, including the material contained in the Services, are protected under United States and international copyright laws as copyrighted works. No materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of GNG.
Anyone who displays, reproduces, copies, creates derivative works or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without permission from GNG violates the copyright laws and is liable for copyright infringement. Any person who uses GNG’s marks or any similar marks in such a way that it dilutes the distinctive quality of GNG’s marks or that creates a likelihood of confusion with GNGs marks for commercial purposes without GNGs permission on goods or for services is liable for trademark infringement.
If you download software or applications from the Services, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the “Software”) are licensed to you by GNG or our third party licensors for your personal, non-commercial home use only. Any commercial or public use, including but not limited to use in any commercial premises, of the Services, including but not limited to GNG Network, and/or Software, is strictly prohibited.
We do not transfer title to the Software to you, and GNG(or our third party licensors) retains full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce any of the Software to readable form.
If you have any questions regarding this notice, please email info@gotnextgame.com
Registration and Payment for GNG
Registration Process. Users may register for a paid subscription to GNG Membership. By registering for a paid subscription to GNG Membership, you warrant that (1) you are 18 or older, (2) all information you provided during the registration process is true and accurate, (3) you will not permit third parties to access your account information, or to otherwise assign or transfer your rights to the Services, (4) you are the cardholder of any credit or debit you provide to us, or the account holder of any PayPal account you provide to us and (5) you will provide us with a current, valid and accepted method of payment, currently credit card, debit card and PayPal account (as such may be updated from time to time, the “Payment Method”) throughout the term of your subscription. You are responsible for maintaining the confidentiality of your registration and login information.  You are responsible for all charges incurred during your use of GNG Membership and the related services, including any charges incurred on your account by other parties. PLEASE NOTE THAT SUCCESSFUL REGISTRATION FOR A PAID SUBSCRIPTION TO THE GNG Membership IS SUBJECT TO OUR ACCEPTANCE AND CONFIRMATION TO YOU, WHICH MAY BE GIVEN OR REFUSED IN OUR SOLE DISCRETION.
Month-to-Month Recurring Subscription. All new subscriptions are on a month-to-month recurring basis (except for the 12 Month Gift Subscription described below), beginning on the date we confirm that we have accepted your order for the GNG Membership and continuing for recurring one (1) month periods from the date on which you make your first payment for your subscription to GNG Membership unless and until you cancel your membership or we terminate it (in each case in accordance with these Terms of Use). If you purchase a Month-to-Month Recurring Subscription, then each month of your subscription beginning on the date on which your first payment is payable to us, we will charge your Payment Method and you authorize us to collect the applicable subscription payment and applicable taxes. You can cancel your subscription at any time, but you must cancel your subscription before it renews for a subsequent month in order to avoid being charged for the subsequent month’s subscription fees. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE MONTHLY PERIOD THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR SUCCESSIVE ONE (1) MONTH PERIODS AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION PAYMENT AND APPLICABLE TAXES.. If your subscription is set to automatically renew, then on the date that your initial subscription expires, we will convert your subscription to the Month-to-Month Recurring Subscription plan according to the terms above, automatically renew your subscription and charge your Payment Method. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE SUBSCRIPTION PERIOD THAT YOU WISH TO CANCEL THE AUTOMATIC RENEWAL SERVICE, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL CONTINUE TO AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION PAYMENT AND APPLICABLE TAXES. Before we process your automatic renewal, we will email you to inform you that your subscription will be renewed and you will be given the opportunity at that time to cancel your subscription by a prescribed deadline.

Please keep in mind that whenever you provide personal information online – for example, via message boards or chat – that information can be collected and used by people you don’t know. While GNG strives to protect your personal information, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. You may not use or attempt to use the Services to collect personal information about other persons or in any other manner that is inconsistent with another person’s privacy or personal data protection rights.
You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or any of these Terms of Use, or any other term or condition of use posted on the Services.
Please note that we will release your personal or payment information if required to do so by law, or by search warrant, subpoena or court order or other legal process. GNG may also disclose your personal or payment information if we have a good faith belief that such disclosure is reasonably necessary to detect or prevent fraud and to protect the rights, property, health or personal safety of GNG, GNG employees, our third party licensors, customers or the public. We may also disclose your personal or payment information if you or your legal representative authorizes us to do so or if necessary to perform credit checks or collect or report debts owed to us. Please see the Privacy Policy for more information about the circumstances under which we might release your personal or payment information.
Disclaimers
THE MATERIALS ON THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY FAN PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Termination
We may terminate your access to the Services immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on the Services. Upon termination of your use of the Services, you must cease use of the Services and destroy all materials obtained from the Services and all copies of such materials.
GNG may terminate your status as a Registered Fan, delete any GNG.com participation or any posting to any GNG Website or other Service at any time, for any or no reason, with or without prior notice or explanation, without liability, and these Terms of Use will remain in effect. If you have any problems with the Services or your use of the Services or with these Terms of Use, your sole and exclusive remedy is to cease using the Services.
In addition, for Month-to-Month Recurring Subscriptions, in addition to our rights to terminate your subscription in the circumstances set out above, we may also cancel your subscription by notice to you at any time (without cause and without liability) provided that any such termination shall not take effect until the end of the then current subscription month (and we will not take any payment from you in respect of the subsequent month [or thereafter])