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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