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- TERMS OF USE
- Effective August 1, 2012
-
-PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING
-THE SERVICES OFFERED BY FILEFRONT, LLC (THE "COMPANY"). THE
-WWW.GAMEFRONT.COM WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES,
-CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN
-CONNECTION THEREWITH (COLLECTIVELY "WEBSITE") ARE OWNED AND OPERATED
-BY THE COMPANY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS
-AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY USING THE WEBSITE IN
-ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE
-WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE COMPANY'S
-PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY
-THIS REFERENCE. THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITE,
-INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF VIDEO CONTENT,
-INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITE.
-
-You may at any time request a copy of this Agreement by emailing us
-at: [1]customersupport@gamefront.com, Subject: Terms of Use.
-
-1. MODIFICATIONS TO THIS AGREEMENT
-
-COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS
-AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY
-SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE
-RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH
-MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR
-NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING
-SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS
-AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS
-AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES.
-THIS AGREEMENT, TOGETHER WITH THE COMPANY PRIVACY POLICY AND ANY OTHER
-LEGAL NOTICES PUBLISHED BY COMPANY ON THE WEBSITE, SHALL CONSTITUTE
-THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY CONCERNING THE WEBSITE.
-
-2. WEBSITE ACCESS
-
-2.1 Subject to your compliance on a continuing basis with all of the
-terms and conditions of this Agreement, Company hereby grants you
-permission to use the Website only as set forth in this Agreement, and
-provided that: (i) your use of the Website as permitted is solely for
-your personal, noncommercial use; (ii) you will not copy or distribute
-any part of the Website in any medium without Company's prior written
-authorization; (iii) you will not alter or modify any part of the
-Website other than as expressly authorized and then only for such
-express purpose; (iv) you may not circumvent, disable, violate or
-attempt to violate, or otherwise interfere with the security or
-integrity of the Website, the proper operation of the Website, the
-features that prevent or restrict use or copying of any Content (as
-the term is defined below) or enforce limitations on use of the
-Website or the Content therein, or interfere with any activity being
-conducted on the Website; (v) you may not decipher, decompile,
-disassemble or reverse engineer any of the software comprising or in
-any way making up part of the Website; and (vii) you may not link to
-the Website without Company's prior written consent.
-
-2.2 In order to access some features of the Website, you will have to
-create a membership account. You may never use another's account,
-username or password without permission. When creating your account,
-you must provide accurate and complete information. You are solely
-responsible for the activity that occurs on your account, and you must
-keep your account password secure. You must notify Company immediately
-of any breach of security or unauthorized use of your account. You may
-be required to expressly accept or reject these Terms of Use when you
-register; you agree that any requirement that you do so does not in
-any way vitiate your assent to comply with the Terms of Use. Although
-Company will not be liable for your losses caused by any unauthorized
-use of your account, you may be liable for the losses of Company or
-others due to such unauthorized use.
-
-2.3 You agree not to use or launch any automated system, including
-without limitation, "robots," "spiders," "offline readers," etc., that
-accesses the Website in a manner that sends more request messages to
-the Company servers in a given period of time than a single human can
-reasonably produce in the same period by using a conventional web
-browser. You agree not to collect or harvest any personally
-identifiable information, including account names, from the Website,
-nor to use the communication systems provided by the Website for any
-commercial solicitation purposes. You agree not to solicit, for
-commercial purposes, any users of the Website with respect to their
-"User Submissions," as that term is defined below. You agree that your
-User Submissions both will not involve the transmission of "junk
-mail," "chain letters," "spamming," or other unsolicited mass
-mailings, and will not contain restricted or password only access
-pages or hidden pages or images. Company reserves the right in its
-sole discretion to block access or discontinue services to offenders,
-and to investigate and take appropriate legal action against anyone
-who, in Company's sole discretion, violates this provision, including
-without limitation, reporting you to law enforcement authorities.
-
-3. INTELLECTUAL PROPERTY RIGHTS
-
-The content on the Website, except any and all User Submissions,
-including without limitation, the text, software, scripts, graphics,
-files, images, photos, sounds, music, videos, interactive features and
-the like (collectively "Content") and the trademarks, service marks
-and logos contained therein ("Marks"), are owned by or licensed to
-Company, subject to copyright and other intellectual property rights
-under United States and foreign laws and international conventions.
-Company reserves all rights not expressly granted in and to the
-Website and the Content. For clarity, as between the parties, you own
-the User Submissions that you create. You agree to not use, copy,
-reproduce, modify, translate, publish, broadcast, transmit,
-distribute, perform, upload, display, license, sell or otherwise
-exploit for any other purposes whatsoever any Content, including, but
-not limited to, image, audio, and visual content, Marks, third party
-User Submissions, or other proprietary rights not owned by you, (i)
-without the express prior written consent of the respective owners,
-and (ii) in any way that violates any right of any third party. If you
-download or print a copy of the Content for personal use, you must
-retain all copyright and other proprietary notices contained therein.
-
-4. TERM
-
-This Agreement shall remain in full force and effect while you use the
-Website. Company may terminate your access to the Website or your
-membership at any time, for any reason, and without warning.
-
-5. USER SUBMISSIONS
-
-5.1 The Website may now, or in the future, permit the submission of
-recordings, videos or other communications submitted by you and other
-users ("User Submissions") and the hosting, sharing, and/or publishing
-of such User Submissions. You understand that whether or not such User
-Submissions are published, Company does not guarantee any
-confidentiality with respect to any such submissions.
-
-5.2 You shall be solely responsible for your own User Submissions and
-the consequences of posting or publishing them. You agree that Company
-has no liability with respect to any User Submissions, including,
-without limitation, your own submissions, and you hereby irrevocably
-release Company and its officers and directors, employees, agents,
-representatives and affiliates, from any and all liability arising out
-of or relating to User Submissions or any part thereof. In connection
-with your User Submissions, you affirm, represent, and warrant that
-you can and will demonstrate to Company's full satisfaction upon its
-request that: (i) you own or have the necessary licenses, rights,
-consents, and permissions to use and authorize Company to use each and
-every image and sound contained in each such User Submission and to
-enable inclusion and use of such User Submissions in the manner
-contemplated by the Website and this Agreement; (ii) specifically, you
-have the written consent, release, and/or permission of each and every
-identifiable individual person in the User Submission to use the name
-or likeness of each and every such identifiable individual person to
-enable inclusion and use of the User Submissions in the manner
-contemplated by the Website and this Agreement; and (iii)
-specifically, the posting of your User Submission on or through the
-Website does not violate the privacy rights, publicity rights,
-copyrights, contract rights, or any other rights of any person or
-entity. You agree to pay all royalties, fees, and other monies owing
-any person or entity by reason of any content posted by you to or
-through the Website. By submitting your User Submissions to the
-Website, you hereby give Company all rights and licenses necessary to
-use and otherwise exploit the User Submissions for any purpose in
-connection with the Website and Company's other related services.
-These rights are nonexclusive and irrevocable, but you remain the
-owner of the User Submissions that you create. You also hereby do and
-shall grant each user of the Website a non-exclusive license to access
-your User Submissions through the Website, and to use, modify,
-reproduce, distribute, prepare derivative works of, display and
-perform such User Submissions as permitted through the functionality
-of the Website and under this Agreement.
-
-5.3 In connection with User Submissions, you further agree that you
-will not: (i) publish falsehoods or misrepresentations that could
-damage Company or any third party; (ii) submit material that is
-unlawful, obscene, lewd, defamatory, libelous, threatening,
-pornographic, harassing, hateful, racially or ethnically offensive,
-excessively violent, or encourages conduct that would be considered a
-criminal offense, give rise to civil liability, violate any law, or is
-otherwise inappropriate or objectionable; (iii) post advertisements or
-solicitations of business; or (iv) impersonate another person. Company
-does not endorse any User Submission or any opinion, recommendation,
-or advice expressed therein, and Company expressly disclaims any and
-all responsibility or liability in connection with User Submissions.
-
-5.4 Company reserves the right to decide whether Content or a User
-Submission is inappropriate, or violates this Agreement, including
-without limitation, due to copyright infringement, violations of
-intellectual property law, pornography, obscene or defamatory
-material, or excessive length. Company also reserves the right, in its
-sole discretion, to reject, refuse to post or remove any posting
-(including private messages and User Submissions) by you, or to
-restrict, suspend or terminate your access to all or any part of the
-Website at any time, for any reason, without prior notice.
-Notwithstanding the foregoing, Company assumes no responsibility for
-monitoring the Website, Content, or User Submissions for inappropriate
-conduct, or modifying or removing such conduct, Content or User
-Submissions from the Website. Without limiting the generality of the
-foregoing, it is Company's policy to delete User Submissions uploaded
-anonymously after seven (7) days of inactivity, and User Submissions
-uploaded through a registered account after sixty (60) days of
-inactivity.
-
-5.5 In particular, if you are a copyright owner or an agent thereof
-and believe that any User Submission or other content infringes upon
-your copyrights, you may submit a notification pursuant to the Digital
-Millennium Copyright Act ("DMCA") by providing our Copyright Agent
-with the following information in writing (see 17 U.S.C 512(c)(3) for
-further detail):
-
-(a) A physical or electronic signature of a person authorized to act
-on behalf of the owner of an exclusive right that is allegedly
-infringed;
-
-(b) A description 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;
-
-(c) 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 the service provider to locate the material;
-
-(d) Information reasonably sufficient to permit the service provider
-to contact you, such as an address, telephone number, and, if
-available, an electronic mail address;
-
-(e) 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 the law; and
-
-(f) A statement that the information in the notification is accurate,
-and under penalty of perjury, that you are authorized to act on behalf
-of the owner of an exclusive right that is allegedly infringed.
-
-To submit a notice of claimed infringement, please fill out a ticket
-[2]here. You acknowledge that if you fail to comply with all of the
-requirements of this Section, your DMCA notice may not be valid.
-
-You hereby agree that you shall not assert any claim against the
-Company or its officers or directors with respect to such content
-unless and until: (1) you have fully completed the process set forth
-above; and (2) the Company has failed to remove the offending content
-within thirty (30) days after such notification without a reasonable
-explanation for its failure to do so.
-
-It is Company's policy to (1) block access to or remove Content that
-it believes in good faith to be copyrighted material that has been
-illegally copied, displayed or distributed by any of our advertisers,
-affiliates, content providers, members or users; and (2) remove and
-discontinue services to repeat offenders.
-
-5.6 Company reserves the right to discontinue any aspect of the
-Website at any time.
-
-6. THIRD PARTY WEBSITES
-
-The Website may contain links to third party websites that are not
-owned or controlled by Company. When you access third party websites,
-you do so at your own risk. Company encourages you to be aware when
-you leave the Website and to read the terms and conditions and privacy
-policy of each third party website that you visit. Company has no
-control over, and assumes no responsibility for, the content,
-accuracy, privacy policies, or practices of, or opinions expressed in
-any third party websites. In addition, Company will not and cannot
-monitor, verify, censor or edit the content of any third party site.
-By using the Website, you expressly relieve Company from any and all
-liability arising from your use of any third party website.
-
-7. WARRANTY DISCLAIMER
-
-TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS SUPPLIERS AND
-EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
-DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
-WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY,
-FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION,
-NEITHER COMPANY NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE
-OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR
-REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S
-CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES
-NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
-INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
-ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
-WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS
-AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
-STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
-OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
-WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;
-AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
-DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
-POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
-WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
-RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
-THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
-IN ANY ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY
-BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
-THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE WEBSITE IS
-CONTROLLED AND OFFERED BY COMPANY FROM ITS FACILITIES IN THE UNITED
-STATES OF AMERICA. COMPANY MAKES NO REPRESENTATIONS THAT THE WEBSITE
-IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO
-ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR
-COMPLIANCE WITH LOCAL LAW.
-
-8. INDEMNITY
-
-You agree to defend, indemnify and hold harmless Company, its parent
-corporation, officers, directors, employees and agents, from and
-against any and all claims, damages, obligations, losses, liabilities,
-costs or debt, demands, and expenses (including but not limited to
-attorneys' fees) arising from: (i) your use of and access to the
-Website or any Content that you post thereon; (ii) your violation of
-any term of this Agreement or your representations and warranties set
-forth above; (iii) your violation of any third party right, including
-without limitation any copyright, property, or privacy right; or (iv)
-any claim that one of your User Submissions caused damage to a third
-party.
-
-9. ELIGIBILITY
-
-By using the Website, you represent and warrant that (i) all
-registration information you submit is accurate and truthful; (ii) you
-will maintain the accuracy of such information; (iii) you are 18 years
-of age or older (if you are agreeing to these terms and conditions on
-behalf of a minor, you certify to Company that you are such minor's
-legal guardian); and (iv) your use of the Website does not violate any
-applicable law or regulation. Your profile may be deleted and your
-membership may be terminated without warning, if Company believes that
-you are under 16 years of age.
-
-10. LIMITATION OF LIABILITY
-
-IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR THEIR RESPECTIVE
-OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY
-THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
-CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER
-BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
-WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
-DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
-FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
-SUBJECT TO THE FOREGOING, COMPANY'S LIABILITY TO YOU FOR ANY REASON,
-WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE
-COMPANY SERVICES IN CONNECTION WITH THE WEBSITE.
-
-YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER
-SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
-THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
-RESTS SOLELY AND ENTIRELY WITH YOU.
-
-11. ASSIGNMENT
-
-You may not transfer or assign this Agreement or any rights and
-licenses granted hereunder without the Company's prior written
-consent. The Company may freely transfer, assign, or delegate this
-Agreement, and any of its rights or obligations hereunder.
-
-12. MISCELLANEOUS
-
-If there is any dispute about or involving the Website, you agree that
-the dispute shall be governed by the laws of the State of California,
-without regard to conflict of laws provisions. Any dispute arising
-from or relating to the subject matter of this Agreement shall be
-finally settled by arbitration in Los Angeles, California, using the
-English language in accordance with the Arbitration Rules and
-Procedures of Judicial Arbitration and Mediation Services, Inc.
-("JAMS") then in effect, by one commercial arbitrator(s) with
-substantial experience in resolving intellectual property and
-commercial contract disputes, who shall be selected from the
-appropriate list of JAMS arbitrators in accordance with the
-Arbitration Rules and Procedures of JAMS. Any arbitrator so selected
-shall have substantial experience in the media industry. The
-arbitrator shall have the authority to grant specific performance and
-to allocate between the parties the costs of arbitration (including
-service fees, arbitrator fees and all other fees related to the
-arbitration) in such equitable manner as the arbitrator may determine.
-The prevailing party in the arbitration shall be entitled to receive
-reimbursement of its reasonable expenses (including reasonable
-attorneys' fees, expert witness fees and all other expenses) incurred
-in connection therewith. Judgment upon the award so rendered may be
-entered in a court having jurisdiction or application may be made to
-such court for judicial acceptance of any award and an order of
-enforcement, as the case may be. Notwithstanding the foregoing, each
-party shall have the right to institute an action in a court of proper
-jurisdiction for preliminary injunctive relief pending a final
-decision by the arbitrator. For all purposes of this Agreement, the
-parties consent to exclusive jurisdiction and venue in the United
-States Federal Courts located in Los Angeles, California. If any
-provision of this Agreement is deemed invalid by a court of competent
-jurisdiction, the invalidity of such provision shall not affect the
-validity of the remaining provisions of this Agreement, which shall
-remain in full force and effect. No waiver of any term of this
-Agreement shall be deemed a further or continuing waiver of such term
-or any other term, and Company's failure to assert any right or
-provision under this Agreement shall not constitute a waiver of such
-right or provision. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION
-ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1)
-YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
-ACTION IS PERMANENTLY BARRED.
-
-1. mailto:customersupport@gamefront.com
-2. https://breakmedia.zendesk.com/anonymous_requests/new