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Terms of Use
When using the GamersBrand Entertainment website, and all websites within the GamersBrand Entertainment network (the "Websites"), you agree to the following
terms and conditions (the "Terms of Use"). You can always check out
the most current version of these Terms of Use at this page. In addition, when
using Websites, you shall be subject to any posted guidelines applicable to
that particular website. If you do not agree to these Terms of Use please do
not use any of the Websites and do not register to be a member of any Website.
We reserve the right, at our discretion, to change, modify, add, or remove
portions of these Terms of Use at any time. Please check these terms periodically
for changes. Your continued use of the Websites following the posting of changes
to these terms will mean you
accept those changes.
Websites' Privacy Policy
The Company collects, stores and uses data collected from you in accordance
with the Company's Privacy Policy.
Community Standards and Conduct in Websites Forums
You acknowledge that all Content, whether publicly posted or privately transmitted,
is the sole responsibility of the person from which such Content originated.
This means that you are entirely responsible for all Content that you post,
email or otherwise transmit via the Websites' Service. GamersBrand Entertainment does
not control all of the Content posted via the Websites' Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Websites' Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will
GamersBrand Entertainment be liable in any way for any Content, including, but not
limited to, for 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 or otherwise transmitted via the Websites.
You agree to not use the Websites (including the Websites Forums described
below) to:
upload, post, email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable; harm minors in any way; impersonate any person or entity, including,
but not limited to, a GamersBrand Entertainment or Websites official, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity; forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the Service;
upload, post, or otherwise transmit any Content that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose; upload, post, or
otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Websites' Service or an Websites' Forum are able to
type, or otherwise act in a manner that negatively affects other users' ability
to engage in meaningful exchanges; interfere with or disrupt the Websites Service
or servers or networks connected to the Websites' Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Websites'
Service; intentionally or unintentionally violate any applicable local, state,
national or international law; "stalk" or otherwise harass another
member or user of the Websites' Service; or collect or store personal data
about other users or members. A "Forum" refers to any chat area,
bulletin board, "instant
messaging" or virtual community offered as part of the Websites' Service.
All Websites' Forum communications are public and not private communications.
You shall remain solely responsible for the content of your messages. Although
GamersBrand Entertainment reserves the right to remove without notice any Forum posting
for any reason, we have no obligation to delete content that you may find objectionable
or offensive. By uploading materials to any Forum or submitting any materials
to us, you automatically grant (or warrant that the owner of such materials
has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from and distribute such materials or incorporate such materials
into any form, medium, or technology now known or later developed throughout
the universe. In addition, you warrant that all so-called "moral rights" in
those materials have been waived.
Your privilege to use the Websites' Forums and contribute to discussions on
the Websites' Forums depends on your compliance with the member conduct guidelines
set forth above. GamersBrand Entertainment may revoke your registration privileges and/or
take any other appropriate measures to enforce these guidelines if violations
are brought to our attention. Further, GamersBrand Entertainment, in its sole discretion,
may terminate your membership or participation in any community, chat room
or other Forum for any reason.
GamersBrand Entertainment reserves the right to monitor some, all, or no areas of Websites'
Forums for adherence to these or other rules that may be published from time
to time. You acknowledge that by providing you with the ability to distribute
your content, GamersBrand Entertainment is acting as a passive conduit for such distribution
and GamersBrand Entertainment is not undertaking any obligation or liability relating
to any content or activities on the Web Site or in any Forum or Forum area.
Submissions
By posting or submitting content to Websites, you grant GamersBrand Entertainment and
its affiliates and licensees the right to use, reproduce, display, perform,
adapt, modify, distribute, have distributed, and promote the content in any
form, anywhere and for any purpose; and warrant and represent that you own
or otherwise control all of the rights to the content and that public posting
and use of your content by GamersBrand Entertainment will not infringe or violate
the rights of any third party.
If you send GamersBrand Entertainment or it's Websites scripts, creative suggestions,
ideas, notes, drawings, or other information (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, the property of GamersBrand Entertainment.
None of the Submissions shall be subject to any obligation of confidence on
the part of GamersBrand Entertainment, and GamersBrand Entertainment shall not be liable for
any use or disclosure of any Submissions. Without limitation of the foregoing,
GamersBrand Entertainment shall exclusively own all now known or hereafter existing
rights to the Submissions of every kind and nature throughout the universe
and shall be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the provider of
the Submissions.
Links
The Websites' Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because GamersBrand Entertainment has no control
over such sites and resources, you acknowledge and agree that GamersBrand Entertainment
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that GamersBrand Entertainment shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
DISCLAIMER
GamersBrand Entertainment uses diligent efforts to maintain the Websites' Services,
but GamersBrand Entertainment is not responsible for any defects or failures associated
with the GamersBrand Entertainment Service or any damages (such as lost profits or
other consequential damages) that may result from any such defects or failures.
In addition, GamersBrand Entertainment makes no guarantees as to the sites and information
located worldwide throughout the Internet to which you may access as a result
of the use of the Websites' Service, including as to the accuracy, content,
or quality of any such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEBSITES' SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR
SOLE RISK. GAMERSBRAND ENTERTAINMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, GAMERSBRAND ENTERTAINMENT MAKES NO WARRANTY THAT THE WEBSITES'
SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITES'
SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITES' SERVICE
WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES'
SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH
THE WEBSITES' SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR
IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMERSBRAND ENTERTAINMENT SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAMERSBRAND ENTERTAINMENT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE GAMERSBRAND ENTERTAINMENT SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE WEBSITES' SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE WEBSITES' SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES'
SERVICE. IN NO EVENT SHALL GAMERSBRAND ENTERTAINMENT'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD
AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES
WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
GAMERSBRANT ENTERTAINMENT, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS
AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR
COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE
OF THE WEBSITES' SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT,
OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY
OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY GAMERSBRAND ENTERTAINMENT OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF
SECURITY KNOWN TO YOU.
Termination and Modification
You agree that GamersBrand Entertainment, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Websites' Service,
and remove and discard any Content within the Websites' Service, for any
or no reason. GamersBrand Entertainment may also in its sole discretion and at any
time discontinue providing the Websites' Service, or any part thereof, with
or without notice. You agree that any termination of your access to the Websites'
Service under any provision of this Terms of Use may be effected without
prior notice, and acknowledge and agree that Websites' may immediately deactivate
or delete your account and all related information and files in your account
and/or bar any further access to such files or the Websites' Service. Further,
you agree that Websites' shall not be liable to you or any third-party for
any termination of your access to the Websites' Service.
Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms and Conditions shall be governed by
and construed and enforced in accordance with the laws of the State of Kansas,
without regard to its conflicts of laws principles. The parties expressly
disclaim application of the United Nations Convention on Contracts for the
International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE
WEBSITES' SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY
OTHER POLICY OR PROCEDURE OF GAMERSBRAND ENTERTAINMENT, MUST BE BROUGHT IN A COURT
OF COMPETENT JURISDICTION IN JOHNSON COUNTY, KANSAS (OR THE APPRPRIATE FEDERAL
COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION
OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY
SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER
HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN
ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT
IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
COPYRIGHT AND COPYRIGHT NOTICES
GamersBrand Entertainment respects the intellectual property of others, and we ask our
users to do the same. GamersBrand Entertainment may, in appropriate circumstances
and at its discretion, terminate the accounts of users who infringe the intellectual
property rights of others.
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