Terms of Use

1. Introduction

Welcome to Pokémon Gamma Emerald. These Terms of Use govern your access to and use of our website gammaemerald.org (the "Website") and our fan-made Pokémon Gamma Emerald game (the "Game").

Please read these Terms of Use carefully before accessing or using our Website or Game. By accessing the Website or downloading the Game, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you should not access the Website or download the Game.

2. Intellectual Property Rights

2.1. Third-Party Intellectual Property. We acknowledge that our Game is based on properties owned by Nintendo, Game Freak, and The Pokémon Company. We do not claim ownership of these properties, and our project exists as fan content in accordance with applicable law.

2.2. Our Content. Unless otherwise indicated, the Website and our original content, features, and functionality are owned by the Pokémon Gamma Emerald team and are protected by copyright, trademark, and other intellectual property laws.

2.3. Limited License. Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, revocable license to access and use the Website and Game for your personal, non-commercial use only. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our Website or Game, except as explicitly permitted.
• Delete or alter any copyright, trademark, or other proprietary notices from any materials downloaded or used from our Website or Game.
• Access or use the Website or Game for any commercial purpose.
• Decompile, reverse engineer, or attempt to extract the source code of the Game or any part thereof, except where permitted by applicable law.

3. User Representations

By using the Website or Game, you represent and warrant that:

• You have the legal capacity to agree to these Terms of Use.
• You will use the Website and Game in accordance with these Terms of Use.
• You will not use the Website or Game for any illegal or unauthorized purpose.
• Your use of the Website or Game will not violate any applicable law or regulation.
• You understand that the Game is a fan-made project and not an official Pokémon product.

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Website or Game in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Game.
• Using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any materials on the Website.
• Introducing any viruses, trojan horses, worms, logic bombs, or other harmful material to the Website or Game.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Game, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Selling, distributing, or making unauthorized commercial use of the Game, including charging fees for access or gameplay.
• Removing or altering any copyright, trademark, or other intellectual property notices contained in the Game or on the Website.
• Claiming that the Game is an official Pokémon product or that you are affiliated with Nintendo, Game Freak, or The Pokémon Company.

5. User-Generated Contributions

The Website may invite you to contribute content, including comments, feedback, or other materials ("Contributions"). By providing any Contribution, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your Contribution in connection with the Website and our business operations.

You represent and warrant that:

• Your Contributions are your original work or you have the necessary rights to submit them.
• Your Contributions do not violate the privacy rights, publicity rights, copyright, contract rights, or any other rights of any person or entity.
• Your Contributions do not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

6. Website Management

We reserve the right, but not the obligation, to:

• Monitor the Website for violations of these Terms of Use.
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use.
• Remove or refuse to post any user contributions for any or no reason.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

7. Disclaimers

THE WEBSITE AND GAME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranty that the Website or Game will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, complete, legal, or safe.

We are not responsible for any loss or damage that may result from your use of the Website or Game, including but not limited to any loss of data, damage to your computer system, or any other loss or damage.

8. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR GAME.

Our liability for any claim arising out of or relating to these Terms of Use shall be limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Game.

10. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Website or Game. We may terminate your access to the Website or Game, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website or Game at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Website or Game without notice at any time.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Game.

We cannot guarantee the Website and Game will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or Game at any time or for any reason without notice to you.

12. Governing Law

These Terms of Use and your use of the Website and Game shall be governed by and construed in accordance with the laws of the jurisdiction in which the Website is hosted, without regard to its conflict of law principles.

13. Contact Us

If you have questions or comments about these Terms of Use, please contact us at [email protected] or through our Contact page.