| 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 |