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Add GameFront terms of use, bug 467512.

1 TERMS OF USE
2 Effective August 1, 2012
3
4 PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING
5 THE SERVICES OFFERED BY FILEFRONT, LLC (THE "COMPANY"). THE
6 WWW.GAMEFRONT.COM WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES,
7 CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN
8 CONNECTION THEREWITH (COLLECTIVELY "WEBSITE") ARE OWNED AND OPERATED
9 BY THE COMPANY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS
10 AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY USING THE WEBSITE IN
11 ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE
12 WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE COMPANY'S
13 PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY
14 THIS REFERENCE. THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITE,
15 INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF VIDEO CONTENT,
16 INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITE.
17
18 You may at any time request a copy of this Agreement by emailing us
19 at: [1]customersupport@gamefront.com, Subject: Terms of Use.
20
21 1. MODIFICATIONS TO THIS AGREEMENT
22
23 COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS
24 AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY
25 SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE
26 RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH
27 MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR
28 NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING
29 SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS
30 AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS
31 AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES.
32 THIS AGREEMENT, TOGETHER WITH THE COMPANY PRIVACY POLICY AND ANY OTHER
33 LEGAL NOTICES PUBLISHED BY COMPANY ON THE WEBSITE, SHALL CONSTITUTE
34 THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY CONCERNING THE WEBSITE.
35
36 2. WEBSITE ACCESS
37
38 2.1 Subject to your compliance on a continuing basis with all of the
39 terms and conditions of this Agreement, Company hereby grants you
40 permission to use the Website only as set forth in this Agreement, and
41 provided that: (i) your use of the Website as permitted is solely for
42 your personal, noncommercial use; (ii) you will not copy or distribute
43 any part of the Website in any medium without Company's prior written
44 authorization; (iii) you will not alter or modify any part of the
45 Website other than as expressly authorized and then only for such
46 express purpose; (iv) you may not circumvent, disable, violate or
47 attempt to violate, or otherwise interfere with the security or
48 integrity of the Website, the proper operation of the Website, the
49 features that prevent or restrict use or copying of any Content (as
50 the term is defined below) or enforce limitations on use of the
51 Website or the Content therein, or interfere with any activity being
52 conducted on the Website; (v) you may not decipher, decompile,
53 disassemble or reverse engineer any of the software comprising or in
54 any way making up part of the Website; and (vii) you may not link to
55 the Website without Company's prior written consent.
56
57 2.2 In order to access some features of the Website, you will have to
58 create a membership account. You may never use another's account,
59 username or password without permission. When creating your account,
60 you must provide accurate and complete information. You are solely
61 responsible for the activity that occurs on your account, and you must
62 keep your account password secure. You must notify Company immediately
63 of any breach of security or unauthorized use of your account. You may
64 be required to expressly accept or reject these Terms of Use when you
65 register; you agree that any requirement that you do so does not in
66 any way vitiate your assent to comply with the Terms of Use. Although
67 Company will not be liable for your losses caused by any unauthorized
68 use of your account, you may be liable for the losses of Company or
69 others due to such unauthorized use.
70
71 2.3 You agree not to use or launch any automated system, including
72 without limitation, "robots," "spiders," "offline readers," etc., that
73 accesses the Website in a manner that sends more request messages to
74 the Company servers in a given period of time than a single human can
75 reasonably produce in the same period by using a conventional web
76 browser. You agree not to collect or harvest any personally
77 identifiable information, including account names, from the Website,
78 nor to use the communication systems provided by the Website for any
79 commercial solicitation purposes. You agree not to solicit, for
80 commercial purposes, any users of the Website with respect to their
81 "User Submissions," as that term is defined below. You agree that your
82 User Submissions both will not involve the transmission of "junk
83 mail," "chain letters," "spamming," or other unsolicited mass
84 mailings, and will not contain restricted or password only access
85 pages or hidden pages or images. Company reserves the right in its
86 sole discretion to block access or discontinue services to offenders,
87 and to investigate and take appropriate legal action against anyone
88 who, in Company's sole discretion, violates this provision, including
89 without limitation, reporting you to law enforcement authorities.
90
91 3. INTELLECTUAL PROPERTY RIGHTS
92
93 The content on the Website, except any and all User Submissions,
94 including without limitation, the text, software, scripts, graphics,
95 files, images, photos, sounds, music, videos, interactive features and
96 the like (collectively "Content") and the trademarks, service marks
97 and logos contained therein ("Marks"), are owned by or licensed to
98 Company, subject to copyright and other intellectual property rights
99 under United States and foreign laws and international conventions.
100 Company reserves all rights not expressly granted in and to the
101 Website and the Content. For clarity, as between the parties, you own
102 the User Submissions that you create. You agree to not use, copy,
103 reproduce, modify, translate, publish, broadcast, transmit,
104 distribute, perform, upload, display, license, sell or otherwise
105 exploit for any other purposes whatsoever any Content, including, but
106 not limited to, image, audio, and visual content, Marks, third party
107 User Submissions, or other proprietary rights not owned by you, (i)
108 without the express prior written consent of the respective owners,
109 and (ii) in any way that violates any right of any third party. If you
110 download or print a copy of the Content for personal use, you must
111 retain all copyright and other proprietary notices contained therein.
112
113 4. TERM
114
115 This Agreement shall remain in full force and effect while you use the
116 Website. Company may terminate your access to the Website or your
117 membership at any time, for any reason, and without warning.
118
119 5. USER SUBMISSIONS
120
121 5.1 The Website may now, or in the future, permit the submission of
122 recordings, videos or other communications submitted by you and other
123 users ("User Submissions") and the hosting, sharing, and/or publishing
124 of such User Submissions. You understand that whether or not such User
125 Submissions are published, Company does not guarantee any
126 confidentiality with respect to any such submissions.
127
128 5.2 You shall be solely responsible for your own User Submissions and
129 the consequences of posting or publishing them. You agree that Company
130 has no liability with respect to any User Submissions, including,
131 without limitation, your own submissions, and you hereby irrevocably
132 release Company and its officers and directors, employees, agents,
133 representatives and affiliates, from any and all liability arising out
134 of or relating to User Submissions or any part thereof. In connection
135 with your User Submissions, you affirm, represent, and warrant that
136 you can and will demonstrate to Company's full satisfaction upon its
137 request that: (i) you own or have the necessary licenses, rights,
138 consents, and permissions to use and authorize Company to use each and
139 every image and sound contained in each such User Submission and to
140 enable inclusion and use of such User Submissions in the manner
141 contemplated by the Website and this Agreement; (ii) specifically, you
142 have the written consent, release, and/or permission of each and every
143 identifiable individual person in the User Submission to use the name
144 or likeness of each and every such identifiable individual person to
145 enable inclusion and use of the User Submissions in the manner
146 contemplated by the Website and this Agreement; and (iii)
147 specifically, the posting of your User Submission on or through the
148 Website does not violate the privacy rights, publicity rights,
149 copyrights, contract rights, or any other rights of any person or
150 entity. You agree to pay all royalties, fees, and other monies owing
151 any person or entity by reason of any content posted by you to or
152 through the Website. By submitting your User Submissions to the
153 Website, you hereby give Company all rights and licenses necessary to
154 use and otherwise exploit the User Submissions for any purpose in
155 connection with the Website and Company's other related services.
156 These rights are nonexclusive and irrevocable, but you remain the
157 owner of the User Submissions that you create. You also hereby do and
158 shall grant each user of the Website a non-exclusive license to access
159 your User Submissions through the Website, and to use, modify,
160 reproduce, distribute, prepare derivative works of, display and
161 perform such User Submissions as permitted through the functionality
162 of the Website and under this Agreement.
163
164 5.3 In connection with User Submissions, you further agree that you
165 will not: (i) publish falsehoods or misrepresentations that could
166 damage Company or any third party; (ii) submit material that is
167 unlawful, obscene, lewd, defamatory, libelous, threatening,
168 pornographic, harassing, hateful, racially or ethnically offensive,
169 excessively violent, or encourages conduct that would be considered a
170 criminal offense, give rise to civil liability, violate any law, or is
171 otherwise inappropriate or objectionable; (iii) post advertisements or
172 solicitations of business; or (iv) impersonate another person. Company
173 does not endorse any User Submission or any opinion, recommendation,
174 or advice expressed therein, and Company expressly disclaims any and
175 all responsibility or liability in connection with User Submissions.
176
177 5.4 Company reserves the right to decide whether Content or a User
178 Submission is inappropriate, or violates this Agreement, including
179 without limitation, due to copyright infringement, violations of
180 intellectual property law, pornography, obscene or defamatory
181 material, or excessive length. Company also reserves the right, in its
182 sole discretion, to reject, refuse to post or remove any posting
183 (including private messages and User Submissions) by you, or to
184 restrict, suspend or terminate your access to all or any part of the
185 Website at any time, for any reason, without prior notice.
186 Notwithstanding the foregoing, Company assumes no responsibility for
187 monitoring the Website, Content, or User Submissions for inappropriate
188 conduct, or modifying or removing such conduct, Content or User
189 Submissions from the Website. Without limiting the generality of the
190 foregoing, it is Company's policy to delete User Submissions uploaded
191 anonymously after seven (7) days of inactivity, and User Submissions
192 uploaded through a registered account after sixty (60) days of
193 inactivity.
194
195 5.5 In particular, if you are a copyright owner or an agent thereof
196 and believe that any User Submission or other content infringes upon
197 your copyrights, you may submit a notification pursuant to the Digital
198 Millennium Copyright Act ("DMCA") by providing our Copyright Agent
199 with the following information in writing (see 17 U.S.C 512(c)(3) for
200 further detail):
201
202 (a) A physical or electronic signature of a person authorized to act
203 on behalf of the owner of an exclusive right that is allegedly
204 infringed;
205
206 (b) A description of the copyrighted work claimed to have been
207 infringed, or, if multiple copyrighted works at a single online site
208 are covered by a single notification, a representative list of such
209 works at that site;
210
211 (c) Identification of the material that is claimed to be infringing or
212 to be the subject of infringing activity and that is to be removed or
213 access to which is to be disabled and information reasonably
214 sufficient to permit the service provider to locate the material;
215
216 (d) Information reasonably sufficient to permit the service provider
217 to contact you, such as an address, telephone number, and, if
218 available, an electronic mail address;
219
220 (e) A statement that you have a good faith belief that use of the
221 material in the manner complained of is not authorized by the
222 copyright owner, its agent, or the law; and
223
224 (f) A statement that the information in the notification is accurate,
225 and under penalty of perjury, that you are authorized to act on behalf
226 of the owner of an exclusive right that is allegedly infringed.
227
228 To submit a notice of claimed infringement, please fill out a ticket
229 [2]here. You acknowledge that if you fail to comply with all of the
230 requirements of this Section, your DMCA notice may not be valid.
231
232 You hereby agree that you shall not assert any claim against the
233 Company or its officers or directors with respect to such content
234 unless and until: (1) you have fully completed the process set forth
235 above; and (2) the Company has failed to remove the offending content
236 within thirty (30) days after such notification without a reasonable
237 explanation for its failure to do so.
238
239 It is Company's policy to (1) block access to or remove Content that
240 it believes in good faith to be copyrighted material that has been
241 illegally copied, displayed or distributed by any of our advertisers,
242 affiliates, content providers, members or users; and (2) remove and
243 discontinue services to repeat offenders.
244
245 5.6 Company reserves the right to discontinue any aspect of the
246 Website at any time.
247
248 6. THIRD PARTY WEBSITES
249
250 The Website may contain links to third party websites that are not
251 owned or controlled by Company. When you access third party websites,
252 you do so at your own risk. Company encourages you to be aware when
253 you leave the Website and to read the terms and conditions and privacy
254 policy of each third party website that you visit. Company has no
255 control over, and assumes no responsibility for, the content,
256 accuracy, privacy policies, or practices of, or opinions expressed in
257 any third party websites. In addition, Company will not and cannot
258 monitor, verify, censor or edit the content of any third party site.
259 By using the Website, you expressly relieve Company from any and all
260 liability arising from your use of any third party website.
261
262 7. WARRANTY DISCLAIMER
263
264 TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS SUPPLIERS AND
265 EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
266 DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
267 WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY,
268 FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION,
269 NEITHER COMPANY NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE
270 OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR
271 REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S
272 CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES
273 NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
274 INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
275 ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
276 WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS
277 AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
278 STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
279 OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
280 WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;
281 AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
282 DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
283 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
284 WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
285 RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
286 THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
287 IN ANY ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY
288 BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
289 THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE WEBSITE IS
290 CONTROLLED AND OFFERED BY COMPANY FROM ITS FACILITIES IN THE UNITED
291 STATES OF AMERICA. COMPANY MAKES NO REPRESENTATIONS THAT THE WEBSITE
292 IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO
293 ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR
294 COMPLIANCE WITH LOCAL LAW.
295
296 8. INDEMNITY
297
298 You agree to defend, indemnify and hold harmless Company, its parent
299 corporation, officers, directors, employees and agents, from and
300 against any and all claims, damages, obligations, losses, liabilities,
301 costs or debt, demands, and expenses (including but not limited to
302 attorneys' fees) arising from: (i) your use of and access to the
303 Website or any Content that you post thereon; (ii) your violation of
304 any term of this Agreement or your representations and warranties set
305 forth above; (iii) your violation of any third party right, including
306 without limitation any copyright, property, or privacy right; or (iv)
307 any claim that one of your User Submissions caused damage to a third
308 party.
309
310 9. ELIGIBILITY
311
312 By using the Website, you represent and warrant that (i) all
313 registration information you submit is accurate and truthful; (ii) you
314 will maintain the accuracy of such information; (iii) you are 18 years
315 of age or older (if you are agreeing to these terms and conditions on
316 behalf of a minor, you certify to Company that you are such minor's
317 legal guardian); and (iv) your use of the Website does not violate any
318 applicable law or regulation. Your profile may be deleted and your
319 membership may be terminated without warning, if Company believes that
320 you are under 16 years of age.
321
322 10. LIMITATION OF LIABILITY
323
324 IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR THEIR RESPECTIVE
325 OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY
326 THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
327 CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER
328 BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
329 WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
330 DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
331 FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
332 SUBJECT TO THE FOREGOING, COMPANY'S LIABILITY TO YOU FOR ANY REASON,
333 WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE
334 COMPANY SERVICES IN CONNECTION WITH THE WEBSITE.
335
336 YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER
337 SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
338 THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
339 RESTS SOLELY AND ENTIRELY WITH YOU.
340
341 11. ASSIGNMENT
342
343 You may not transfer or assign this Agreement or any rights and
344 licenses granted hereunder without the Company's prior written
345 consent. The Company may freely transfer, assign, or delegate this
346 Agreement, and any of its rights or obligations hereunder.
347
348 12. MISCELLANEOUS
349
350 If there is any dispute about or involving the Website, you agree that
351 the dispute shall be governed by the laws of the State of California,
352 without regard to conflict of laws provisions. Any dispute arising
353 from or relating to the subject matter of this Agreement shall be
354 finally settled by arbitration in Los Angeles, California, using the
355 English language in accordance with the Arbitration Rules and
356 Procedures of Judicial Arbitration and Mediation Services, Inc.
357 ("JAMS") then in effect, by one commercial arbitrator(s) with
358 substantial experience in resolving intellectual property and
359 commercial contract disputes, who shall be selected from the
360 appropriate list of JAMS arbitrators in accordance with the
361 Arbitration Rules and Procedures of JAMS. Any arbitrator so selected
362 shall have substantial experience in the media industry. The
363 arbitrator shall have the authority to grant specific performance and
364 to allocate between the parties the costs of arbitration (including
365 service fees, arbitrator fees and all other fees related to the
366 arbitration) in such equitable manner as the arbitrator may determine.
367 The prevailing party in the arbitration shall be entitled to receive
368 reimbursement of its reasonable expenses (including reasonable
369 attorneys' fees, expert witness fees and all other expenses) incurred
370 in connection therewith. Judgment upon the award so rendered may be
371 entered in a court having jurisdiction or application may be made to
372 such court for judicial acceptance of any award and an order of
373 enforcement, as the case may be. Notwithstanding the foregoing, each
374 party shall have the right to institute an action in a court of proper
375 jurisdiction for preliminary injunctive relief pending a final
376 decision by the arbitrator. For all purposes of this Agreement, the
377 parties consent to exclusive jurisdiction and venue in the United
378 States Federal Courts located in Los Angeles, California. If any
379 provision of this Agreement is deemed invalid by a court of competent
380 jurisdiction, the invalidity of such provision shall not affect the
381 validity of the remaining provisions of this Agreement, which shall
382 remain in full force and effect. No waiver of any term of this
383 Agreement shall be deemed a further or continuing waiver of such term
384 or any other term, and Company's failure to assert any right or
385 provision under this Agreement shall not constitute a waiver of such
386 right or provision. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION
387 ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1)
388 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
389 ACTION IS PERMANENTLY BARRED.
390
391 1. mailto:customersupport@gamefront.com
392 2. https://breakmedia.zendesk.com/anonymous_requests/new

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