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diff --git a/licenses/GameFront b/licenses/GameFront deleted file mode 100644 index 72de68cf3..000000000 --- a/licenses/GameFront +++ /dev/null @@ -1,392 +0,0 @@ - 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 |