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New Motion, Inc. / Atrinsic / Charging Account without Authorization

1 42 Corporate ParkIrvine, CA, United States Review updated:
Contact information:
Phone: 949-777-3700

New Motion, Inc owns many sites, gatorcade.com, imatchup.com, bidforfree.com, mobilefun.com, etc. When registering on these sites via the web, it sends a txt to your cell, that you enter into the final stage of your web registration to complete. New Motion, Inc claimed I had done this on several of their sites - mainly www.gatorcade.com. I advised them I had never been to the site, or got a txt msg from them. They claimed I signed up for it on my birthday, May 16th. They said on May 17th, I txt'd them again to cancel. On May 16thm I had my cell, but no laptop. They suggested someone stole my phone and did it - impossible. They tried every excuse possible; maybe your wife/child did it? I'm gay; so that's not happening.

They called me a liar or "too drunk" to remember as I was party/celebrating my birthday. I was told no supervisors would be in for 24-48 hrs. They hung up me after disproved their excuses. I called my provider and asked about all the txts from May 16th - May 17th, and there were none in relation to this. This company is trying to hide one (or multiple) $9.95/mo charge(s) on my phone bill. My carrier said this is becoming common and she deals with the situation all the time. My provider blocked all of this company's numbers to my phone and refunded all the charges (well over $30).

This company was named New Motion, Inc previously - but are changing names - like many shady companies. In Reality, I was out partying May 16-17, not playing cell/comp games. I was turning 24; I was at the bar with friends! My cell phone (a large Treo 650) was clasped onto my belt the whole time.

Resolution Sought: Admit that they are wrong. I already had my provider remove all the charges as they explained this is a common issue.They are a scam company with a group of sites who target random people who might not notice the small charges on their bill. I didn't really care about the money - it was the principal. It's essentially text msg spam. I don't see a difference in junk mail that, if opened - you must buy, and one of their schemes; if you open the text message they send, you are consenting to a $9.95/mo charge until you cancel.

I would like a written apology... or see the company go out of business; either will satisfy me. I was treated rudely, called a liar through constant references such as "well someone must have used your phone" or "maybe you did it while partying." Now, who parties the night away, breaks out a laptop and their cell phone to play some cheap 1980's looking games at a bar? They told there were no supervisors available until the 3rd frustrated CSR ran out of excuses and placed me on hold. Who picked up the phone? A supervisor! I questioned him as to why the CSRs said there weren't any supervisors working that night, and he replied, "I had just finished eating dinner." Anyway, he gave me the same thing. Saying he'll get with my cell provider to prove I did make the confirmation txt.

Understand, I was maintaining composure and being polite. I just wanted answers and not lies. It never happened. Thankfully my provider is "used" to this situation, reviewed my text message logs, and couldn't find any proof of this - as I had been saying all along.

Date Problem Started: 06/13/2008 (when I noticed the charge)
Date of Transaction: 05/16/2008
Amount in Dispute: $30.00
Complaint Type: Selling Practices
Product or Service: No idea. I never used it or wanted it!

In conclusion, we as consumers need to stop this from growing larger than it has. It is ridiculous. Text messaging should be between friends, family, etc. Not a place for advertisement and scams.

Ja
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Comments

  • Ja
      15th of Jun, 2008
    +1 Votes

    I had the main URL they "slammed" me with incorrect above. Plus a few typos.

    THey're "biggest" site is http://www.gatorarcade.com, http://www.gatorcade.com .

    They never contacted me back as expected. I'm still on the hunt though.

  • Lu
      10th of Dec, 2008
    +1 Votes

    I just found out the New Motion/Atrinsic has been charging me $9.99 every month for the last 5 months. I had noticed that I was getting these seemingly spam text messages offering a "TMobile special" with lots of abbreviations and grammar errors, but apparently, according to Rhonda (Employee # 228) at Atrinsic, that text message was the billing renewal notice for me and I must have read and consented to it. They are unwilling to offer me any refund. T-Mobile only agreed to refund me for the last 3 months. I would like to know how to report Atrinsic to the Better Business Bureau or other relevant authorities.

  • An
      4th of Jun, 2009
    +2 Votes

    It blows my mind to read some of these complaints when carriers have such a high standard today for issuing charges over mobile devices. Not only are you required to enter your cell number, but you also have to enter a confirmation PIN for the transaction to occur. It reminds me of the email days where people would constantly deny giving out any information, but while in court disputing these allegations, the vendors would have proof of entry, just like this... it's as if somehow this information is magically appearing in databases without ever having the users enter their info. Funny how the vendors such as this company keep winning in court with the evidence presented... very strange I would say...

  • Em
      9th of Aug, 2009
    +1 Votes

    I've had precisely the same scam -- I have agreed to nothing, and Verizon claims I must have. I play no games online, and certainly didn't do anything with a confirmation PIN. They've stolen about $50 from me, and I'm angry but I'll just have to be more vigilant in the future and read my bill more closely.

  • Un
      24th of Feb, 2010
    +1 Votes

    So, I'm just searching this Gatorarcade.com thing, because I've been getting screwed by it for a few months now too...

    You are actually given the option to text "STOP" with each "renewal" text they send... too bad they don't honor that option!!!

    I have texted them to stop at least 3 times in the last year, and the crazy thing randomly pops up again, charging me the $9.99 per month!!!

    What an obvious scam! I'm going to do my best to call and get them to stop. My brother on our shared plan is trying to get AT&T to refund us and block the darn thing...

    We'll see though. If nothing happens, then I'm taking this to the next level... the internet may suddenly become their greatest enemy ;)

  • Un
      24th of Feb, 2010
    +1 Votes

    I just called them, and the customer service rep denied any ill service, claimed to have cancelled the service months ago, and said it must be a problem with our phone provider.

    I asked why I was still getting subscription texts and being charged on my phone bill since the supposed date of cancellation, and she had no explanation. She also claimed to have never heard similar complaints from anyone.

    Yeah, ... right. It's so bad, that they can't even admit to their deceptive ways. Someone's making a lot of money off of this...

    Here are their "Terms and Conditions" from the Gatorarcade.com website for anyone wondering what they think they're legally entitled to and protected by... feel free to contact them if you have a similar complaint at care@gatorarcade.com or call 1-800-988-6084:


    Last Updated: October 17th, 2008

    GATOR ARCADE™ TERMS AND CONDITIONS


    Welcome to the GatorArcade website (the "Website"). The Website is brought to you by GatorArcade ("GatorArcade, " "we" or "us"), an Internet property of Atrinsic, Inc. and a New Motion Inc. brand. By using or accessing the Website and our online/mobile casual games service (the "Service"), you are agreeing to comply with and be bound by the following terms and conditions (the "Agreement"). Please review the following provisions of this Agreement carefully. If you do not agree to all the terms and conditions contained in this Agreement in its entirety, you are not authorized to use this Website or the Service in any manner or form. GatorArcade is available to users 18 years of age or older; if you are between the ages of 13 - 18 you must have parental permission to register and access or use the Website and/or Service. YOU UNDERSTAND THAT THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. IN ADDITION, YOU UNDERSTAND THAT ANY AND ALL MSG & DATA RATES BY YOUR WIRELESS CARRIER FOR RECEIVING AND/OR SENDING CONTENT MAY APPLY! YOU ARE FULLY RESPONSIBLE FOR ALL SUCH CHARGES AND GATOR ARCADE HAS NO LIABILITY OR RESPONSIBILITY TO YOU, WHATSOEVER, FOR ANY SUCH CHARGES CHARGED BY YOUR WIRELESS CARRIER.

    Premium Service is available to customers of Verizon Wireless, T-Mobile, Dobson, Sprint, AT&T, Alltel, SunCom, and U.S. Cellular for a monthly fee of $9.99/month (the "Monthly Fee"). Additional pricing details can be found within section three (3) of this document.


    1. Acceptance of Agreement. This Agreement, including Gator Arcade's Privacy Policy ("Privacy Policy") and any other rules or guidelines that may be applicable to particular offers or features on the Website, are hereby incorporated by reference into this Agreement. This Agreement constitutes the entire agreement between you and Gator Arcade and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website and/or Service. Gator Arcade may, from time to time, change, modify, add, remove or otherwise revise portions of this Agreement, or any Rules, incorporated therein, at any time in its discretion and will post a copy of the amended Agreement on the Website. If you do not agree to the amended Agreement, your only remedy is to stop using the Website and/or Service or, if applicable, cancel your Gator Arcade membership ("Membership"). The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website and/or Service. By your continued use of the Website and/or Service, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this webpage for any updates and/or changes.

    2. The Service. Gator Arcade is an online and mobile game service, with a standard service (the "Standard Gator Arcade Service") which offers no charge online games, as well as a premium monthly subscription service (the "Premium Gator Arcade Service"). All references to the Gator Arcade Service herein shall be deemed to refer to the Standard and Premium Gator Arcade Services unless otherwise specified and all references to Members or Membership shall refer to Members of both services unless otherwise specified. A home phone number is required and must be provided in order to register for the Standard Gator Arcade Service. Standard Gator Arcade Service Members can play online games only. Premium Gator Arcade Service members can play both online games and mobile games. In addition, Premium GatorArcade™ Service members can play the Gator Arcade text trivia game, and new members will receive one (1) downloadable PC game and 5 ringtones for subscribing to GatorArcade. Verizon Wireless and Alltel customers do not have access to mobile games.

    3. Premium Service and Fees. Premium Gator Arcade Service is available to customers of Verizon Wireless, Dobson, Sprint, AT&T, Alltel, SunCom, and U.S. Cellular for a monthly fee of $9.99/month (the "Monthly Fee"). Premium Gator Arcade Service Members will also receive up to 50, 000 Prize Points per month which may be redeemed for rewards, ringtones, wallpapers, and PC games through the Gator Arcade online store. Verizon Wireless and Alltel customers do not have access to wallpapers, ringtones or mobile games. Unused monthly Prize Points may be accumulated and rolled over from month to month for as long as you remain a Member. Prize Points have no cash value and may not be returned to Gator Arcade or redeemed anywhere else other than through the Service. An Internet enabled mobile device which supports mobile content is required for all mobile Gator Arcade Services, and a realtone compatible mobile device is required to receive realtones. If you are not sure if you have a compatible mobile device, please visit www.gatorarcade.com. By entering the Premium Gator Arcade Service PIN code sent to the mobile number provided by you, you agree that you are subscribing to the Premium Gator Arcade Service and authorizing Gator Arcade to bill the Monthly Fee to your wireless account or deduct it from your prepaid balance for as long as you remain a Member. The $9.99 Monthly Fee will be billed once per calendar month, each and every month on the monthly anniversary date of your registration, to the Mobile Device supplied in your Registration Data until you cancel your Premium Service Membership. Gator Arcade reserves the right to change its pricing at any time with or without notice to Members. However, Premium Service Members will receive reasonable notice prior to any increases in monthly Membership pricing. Premium Service Members will also receive at least one text message each and every month (30 msg/max per month) confirming their Membership and providing information regarding the Service. Premium Gator Arcade Service Members who have not logged onto their account on the Website for a period of one month, will also receive at least one text message each and every month (30 msg/max per month), confirming the Membership and providing information regarding the Service until they log onto their account on the Website or cancel. Msg&Data rates may apply. All charges will be billed on the wireless service bill or deducted from the prepaid balance for the Mobile Device provided in the Registration Data. Gator Arcade reserves the right to charge the Monthly Fee via credit or debit card, or other payment mechanism in the future. MEMBERS ARE FULLY AND SOLELY RESPONSIBLE FOR ANY AND ALL COSTS CHARED BY A WIRELESS CARRIER WHETHER TO THEIR WIRELESS ACCOUNT OR A THIRD-PARTY WIRELESS ACCOUNT AS THEY ARISE FROM USE OF THE SERVICE.

    Depending on the date that you registered for Membership and your mobile carrier, you may use the following methods for help and/or to cancel your service:

    (a) All members (except AT&T and T-Mobile users): (i) for help, text “HELP” to 44577 at anytime; (ii) to cancel your service, text “STOP” to 44577 at anytime; or (iii) call 1-800-988-6084 at anytime;


    (b) If your mobile carrier is AT&T or T-Mobile: (i) for help, text “HELP” to 87777 at anytime; (ii) to cancel your service, text “STOP” to 87777 at anytime; or (iii) call 1-800-988-6084 at anytime;


    Once the Monthly Fee is billed to a wireless account it is Non-Refundable. If a cancellation is received after the Monthly Fee for that month has been billed, the cancellation will not be effective until the next monthly billing period. For example, if a Mobile Device is billed the Monthly Fee on the 4th day of every month and the cancellation is received on the 10th day, the Membership will remain active for the remainder of that current monthly billing period.

    For questions, please contact Gator Arcade customer service at care@gatorarcade.com or call 1-800-988-6084.

    4. Registration. To use the Service, you must first register for Membership and supply certain registration data that may include, without limitation, username, password, mobile telephone number, e-mail address, mailing address and, if needed, credit card information for billing purposes ("Registration Data"). You agree to provide accurate Registration Data for which you have the authorization to supply to Gator Arcade and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. Gator Arcade may use your Registration Data in accordance with our Privacy Policy. Your right to use the Service is strictly limited to your personal, non-commercial use and is not transferable by you. If you provide Registration Data that is untrue, inaccurate or incomplete, or Gator Arcade suspects in its sole discretion that you have done so, Gator Arcade reserves the right to suspend or terminate your Membership and all use of and access to the Website and/or Service by you.

    Access to, and use of, the Service is through a combination of both user name and password ("Login"). You must keep your Login strictly confidential. For security reasons, Gator Arcade will not release passwords for any reason, other than to the applicable Members themselves, except as may be specifically required by law or court order. You agree that you will not authorize and/or permit others to use your Membership. Gator Arcade shall not be responsible for any unauthorized use of your Membership. Furthermore, unauthorized access to the Website and/or Service is a breach of this Agreement, violation of applicable law and strictly subject to your obligations of indemnification as set forth in Section 12, hereinbelow. There are no third party beneficiaries to this Agreement.

    5. License Grant. As a visitor to the Website and/or Member of the Service, you are granted a limited, non-exclusive, non-transferable license to access and use the Website (and its associated content) and/or Service in accordance with this Agreement. Gator Arcade may terminate this license at any time for any reason, whatsoever. You may use the Website and/or Service on one computer and/or one mobile telephone for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, Website content or any portion thereof. Gator Arcade reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the Gator Arcade infrastructure. As a Website visitor, your limited license is provided solely for access to the Website in order to obtain information about Gator Arcade and to apply for Membership.

    6. Submissions. By submitting and/or posting images, videos, audio, text and any other content to and/or through the Service (collectively, the "Member Content"), you will retain ownership of such Member Content and are fully liable for such Content. However, by submitting and/or posting the Member Content to and/or through the Service, you hereby grant to Gator Arcade an irrevocable, perpetual and unlimited right and license to publish, distribute, use, copy, modify, make derivative works of, adapt, transfer, assign, publicly perform and publicly display such Member Content in any medium and in any manner now known or known in the future, without compensation to you. You agree that you will cooperate and execute, without further compensation, any documents necessary to permit Gator Arcade to perfect its rights herein.

    All rights not expressly granted to you in this Agreement are reserved by Gator Arcade and/or its licensors.

    7. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service is protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website and/or Service. The posting of information and/or material at the Website and/or Service by Gator Arcade does not constitute a waiver of any right in such information and/or materials.

    8. Refer a Friend. Through the Service, you will have the opportunity to invite your family and friends to participate in the Service. When you refer a friend, you are granting us the right to contact that individual and you will be held solely responsible for any and all liability associated with such contact and/or invitation.

    9. Modifications, Changes to Website and Service. Gator Arcade reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website and/or Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.

    10. Privacy Policy. Use of the Website and/or Services is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use information regarding your Website and/or Service use and any and all other personal information provided by or collected from you in any manner consistent with our Privacy Policy.

    For additional information regarding Gator Arcade's use of information collected please refer to the Gator Arcade Privacy Policy. By using the Gator Arcade Service or subscribing to the Standard or Premium Gator Arcade Service you agree to receive free content and promotional offers from Gator Arcade, our affiliates and third-party marketing partners.

    11. Allegations of Wrongdoing. If Gator Arcade receives a notice alleging that you have engaged in behavior that may be unlawful, harassing, harmful or abusive to another, may subject Gator Arcade to liability in any form, infringes upon the intellectual property rights of Gator Arcade and/or a third party, or if we suspect any of the above has occurred or may occur, and/or if we believe you have otherwise violated the letter or spirit of this Gator Arcade Terms and Conditions, Gator Arcade may suspend or terminate your Membership without notice to you. If Gator Arcade suspends or terminates your Membership under this Section 11, we shall have no liability or responsibility to you, including liability for any amounts that you have previously paid.

    12. Third Party Websites. The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because Gator Arcade has no control over such third party websites and/or resources, you hereby acknowledge and agree that Gator Arcade is not responsible for the availability of such third party websites and/or resources. Furthermore, Gator Arcade does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

    13. Injunctive Relief. You acknowledge that Gator Arcade may be irreparably damaged if this Agreement, the Privacy Policy or any applicable Rules are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of any unauthorized use, a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you, Gator Arcade shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement, the Privacy Policy or any applicable Rules. For purposes of this section, you agree that any action or proceeding with regard to an injunction shall be brought in the state courts of record for New York, New York, or the United States District Court, Southern District of New York. You herby consent to the jurisdiction of such court and waive any objection to the laying of venue for such action or proceeding in New York, New York. You also agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

    14. Indemnification. You agree to indemnify, defend and hold Gator Arcade and its parents and subsidiaries, and each of their respective executives, officers, directors, employees, agents and attorneys, harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or related to: 1) your breach of any provision of this Agreement; 2) your use of the Website and/or Service, in any manner whatsoever; and 3) any unauthorized use of your Membership; (4) your infringement of the intellectual property or other rights of any person or entity. You agree to immediately notify Gator Arcade of any unauthorized use of your Membership.

    15. Termination. Gator Arcade may, in its sole discretion, terminate this Agreement and/or suspend your Membership and or use of the Website or Service at any time without notice to you, in the event that you breach (or Gator Arcade reasonably suspects, in its sole discretion, that you have breached) any provision of this Agreement. If Gator Arcade terminates this Agreement, or suspends your Membership and/or use of the Website or Service for any of the reasons set forth in this Agreement, Gator Arcade shall have no liability or responsibility to you, and Gator Arcade will not refund any amounts that you have previously paid.

    You understand and agree that your cancellation of your Membership is your sole right and remedy with respect to any dispute with Gator Arcade.

    16. DISCLAIMERS. THE WEBSITE, SERVICE AND ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, SERVICE AND/OR ASSOCIATED CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GATOR ARCADE HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICE AND ASSOCIATED CONTENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, GATOR ARCADE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GATOR ARCADE AND YOU. THE WEBSITE, SERVICE AND ASSOCIATED CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE AND/OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

    ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN A FILE AVAILABLE AT THE WEBSITE AND/OR THROUGH THE SERVICE IS EXPRESSLY DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE AND/OR SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL.

    UNDER NO CIRCUMSTANCES SHALL GATOR ARCADE BE LIABLE FOR ANY USE OF THE WEBSITE AND/OR SERVICE. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID FOR ANY GOODS, SERVICES OR INFORMATION AVAILABLE FROM GATOR ARCADE AT THE WEBSITE AND/OR SERVICE. NOTWITHSTANDING THE FOREGOING, GATOR ARCADE SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR SERVICE. CERTAIN JURSDICTIONS AND/OR LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER SUCH LAWS.

    17. Other Restrictions. The Website and/or Service are available only to individuals who can enter into legally binding contracts under applicable law. The Website and/or Service are not intended for use by individuals under the age of 18. Currently, Gator Arcade is only available to residents of the United States. You understand and acknowledge that you may not register for, access, or use the Website and/or Service from countries other than these jurisdictions. You agree to abide by the applicable United States export control laws and any other applicable laws, rules and/or regulations with respect to the Service and associated content.

    18. Online Content/Conduct. As a Member, you agree that you are solely responsible for the content and/or information that you upload, publish, transmit and/or post in connection with the Service and/or Website. You agree to use the Website and Service in a manner consistent with any and all applicable laws, rules and regulations and with the highest regard to the intellectual property rights of any and all intellectual property holders, Gator Arcade and its licensors.

    Members are solely responsible for the accuracy, completeness or usefulness of content that the Member posts. In addition, by posting any content and/or information at the Service, you represent and warrant that you have full rights and license to allow such content and/or information to be published at or through the Service. Gator Arcade does not adopt nor endorse, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on or through the Service and/or Website. You understand and agree that Gator Arcade will not be responsible for any loss or damage resulting from a third party's reliance on information or other content posted on or through the Service and/or Website by you.

    In addition, without limitation, you agree not to:

    * Use the Service and/or Website to infringe upon any intellectual property right, or any other right, of a third party;
    * Impersonate any other person or entity;
    * Circumvent, or attempt to circumvent, any security and/or payment mechanism implemented in connection with the Service and/or Website;
    * "Stalk", intimidate, annoy, abuse or otherwise harass any person via the Service and/or Website;
    * Engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service and/or Website;
    * Transmit any chain letters, “spam“ or junk e-mail to or through the Service and/or Website;
    * Express or imply that any statements you make are endorsed by Gator Arcade;
    * Harvest or collect personal information about other Members whether or not for commercial purposes;
    * Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine, " or in any way reproduce or circumvent the navigational structure or presentation of the Service and/or Website;
    * Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
    * Remove any copyright, trademark or other proprietary rights or notices contained in association with any content;
    * Interfere with or disrupt the Website and/or Service or the servers and/or networks connected to the Website and/or Service;
    * Post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    * "Frame" or "mirror" any part of the Website or Service; and/or
    * Use metatags or code or other devices containing any reference to Gator Arcade or the Website or Service in order to direct any person to any other website for any purpose.


    Gator Arcade reserves the right, but has no obligation, to reject any content that does not comply with these prohibitions or for any reason at all. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in termination of your Membership, in the sole discretion of Gator Arcade, pursuant to the terms of this Agreement. Gator Arcade reserves the right to pursue any and all legal remedies against individuals who engage in the aforementioned prohibited conduct.

    19. Member Disputes. Gator Arcade does not control the information provided by other Members that are made available through our system. You may find other Member's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Website. You are solely responsible for your interactions with other Members. Because Gator Arcade is not directly involved in Member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed or used information on the Website, you hereby release Gator Arcade from any and all claims, demands and damages (actual, indirect and/or otherwise consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or arising out of your use of the Website and/or Services. Gator Arcade reserves the right, but has no obligation, to monitor disputes between you and other Members.

    20. Copyright Claims Policy. Gator Arcade respects the intellectual property of others, and we ask our users to do the same. Gator Arcade may, in appropriate circumstances and at its discretion, disable and/or terminate the Memberships of those who may be infringing upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated at the Website and/or Service, please provide Gator Arcade's copyright agent with the following information:

    COPYRIGHT INFRINGEMENT NOTICE

    Notifications (each, a “Notification“) of claimed copyright infringement appearing on Gator Arcade or any other Gator Arcade owned and/or operated website should be sent to Gator Arcade’s designated agent. Gator Arcade’s designated agent contact information is set forth below:

    Address of Designated Agent to Which Notification Should be Sent:

    By mail: Copyright Claims
    Atrinisc, Inc.
    469 7th Avenue,
    New York, NY, 10018

    By email: copyrightclaim@atrinisc.com

    By fax: (845) 620-1717

    Pursuant to Title 17, United States Code, Section 512(c)(2), to be effective, the Notification must include the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party“) of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gator Arcade to locate the material;
    4. Information reasonably sufficient to permit Gator Arcade to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
    5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


    Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512(c)(2):

    1. Gator Arcade will remove or disable access to the material that is alleged to be infringing;
    2. Gator Arcade will forward the written Notification to the alleged infringer ("Subscriber"); and
    3. Gator Arcade will take reasonable steps to promptly notify the Subscriber that Gator Arcade has removed or disabled access to the material.


    Counter Notification:

    Pursuant to Title 17, United States Code, Section 512(c)(2), a Subscriber may counter a Notification by providing a written communication (“Counter Notification“) to Gator Arcade's designated agent that includes substantially the following:

    1. A physical or electronic signature of the Subscriber;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which Gator Arcade may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person


    Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512(c)(2):

    1. Gator Arcade will promptly provide the Complaining Party with a copy of the Counter Notification;
    2. Gator Arcade will inform the Complaining Party that Gator Arcade will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
    3. Gator Arcade will replace the removed material or cease disabling access to the removed material within fourteen (14) business days following receipt of the Counter Notification, provided Gator Arcade’s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the removed material on Gator Arcade’s network or system.


    21. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and any and all other equipment needed for access to, and use of, the Website and/or Service, and all charges related thereto including, without limitation, that your Mobile Device is fully compatible with the specific content you obtain from Gator Arcade (e.g. brew, java or polyphonic tone-capable) and participating wireless carrier. In addition, you are solely responsible for obtaining and maintaining software and/or hardware to utilize the Service. Without limiting the foregoing, you understand and agree that you are responsible for any and all standard wireless messaging costs, fees and/or charges associated with and/or arising from the Services that may be charged by your wireless carrier.

    22. Governing Law, Venue and Jurisdiction; Arbitration. This Agreement shall be treated as though it were executed and performed in New York, New York and this Agreement, the Privacy Policy and any applicable Rules are governed by and shall be construed in accordance with the internal laws of the State of New York, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, the Privacy Policy or any applicable Rules, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in New York, New York. To the extent permitted by applicable law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Website and/or Service. You and Gator Arcade shall select the arbitrator, and if you and Gator Arcade are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then Gator Arcade shall select the arbitrator. Arbitration shall not commence until the party requesting arbitration has deposited One Thousand Dollars ($1, 000) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

    23. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Gator Arcade and your and Gator Arcade's respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for New York, New York or the United States District Court, Southern District of New York. The jurisdiction and venue for any action brought for purposes of compelling arbitration or enforcing an arbitration award arising from, under or connected with this Agreement, the Privacy Policy or any applicable Rules shall be exclusively in the state and/or federal courts in and/or for New York, New York, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise.

    24. Miscellaneous. If any arbitrator or court of competent jurisdiction deems any portion of this Agreement, the Privacy Policy or any applicable Rules unlawful, void or unenforceable, the applicable Agreement, Privacy Policy or Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the applicable Agreement, Privacy Policy or Rules that is unlawful, void or unenforceable shall be stricken.

    The headings contained in this Agreement, the Privacy Policy or any applicable Rules are for convenience of reference only, are not to be considered a part of this Agreement, the Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement, the Privacy Policy or any applicable Rules.

    No waiver of any portion of this Agreement, the Privacy Policy or any applicable Rules shall be effective unless it is in writing and signed by an authorized representative of Gator Arcade. The failure of Gator Arcade to require performance of any obligation of this Agreement, the Privacy Policy or any applicable Rules shall not affect Gator Arcade's right to enforce any provision of this Agreement, the Privacy Policy or any applicable Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

    All covenants, agreements, disclaimers, limitations, representations and warranties made in this Agreement, the Privacy Policy or any applicable Rules, as may be amended by Gator Arcade from time to time, shall survive your acceptance of this Agreement, the Privacy Policy or any applicable Rules, the termination of your use of Gator Arcade, and the termination of your use of the Services.
    To the extent that anything in or associated with the Website and/or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. No relationship other than that of a service provider and customer shall be created through operation of this Agreement

    25. Legal Warning. Any attempt by any individual, whether or not an Gator Arcade member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website and/or Service, is a violation of criminal and civil law and Gator Arcade will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

    26. Contact Information.

    You may reach a Gator Arcade customer service representative by:

    * sending an e-mail to: care@gatorarcade.com
    * calling: 1(800) 988-6084
    * sending postal mail to: Gator Arcade, 42 Corporate Park, Irvine, CA 92606

  • Tg
      23rd of Jul, 2010
    0 Votes

    It's July, 2010, the unauthorized charges happened to me. Reading above, they've been doing this for at least two years, unnaceptable. Better Business Bureau should look at this scam.

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