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