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393 lines
22 KiB
393 lines
22 KiB
TERMS OF USE
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Effective August 1, 2012
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PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING
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THE SERVICES OFFERED BY FILEFRONT, LLC (THE "COMPANY"). THE
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WWW.GAMEFRONT.COM WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES,
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CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN
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CONNECTION THEREWITH (COLLECTIVELY "WEBSITE") ARE OWNED AND OPERATED
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BY THE COMPANY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS
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AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY USING THE WEBSITE IN
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ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE
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WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE COMPANY'S
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PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY
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THIS REFERENCE. THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITE,
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INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF VIDEO CONTENT,
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INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITE.
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You may at any time request a copy of this Agreement by emailing us
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at: [1]customersupport@gamefront.com, Subject: Terms of Use.
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1. MODIFICATIONS TO THIS AGREEMENT
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COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS
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AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY
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SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE
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RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH
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MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR
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NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING
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SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS
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AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS
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AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES.
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THIS AGREEMENT, TOGETHER WITH THE COMPANY PRIVACY POLICY AND ANY OTHER
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LEGAL NOTICES PUBLISHED BY COMPANY ON THE WEBSITE, SHALL CONSTITUTE
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THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY CONCERNING THE WEBSITE.
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2. WEBSITE ACCESS
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2.1 Subject to your compliance on a continuing basis with all of the
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terms and conditions of this Agreement, Company hereby grants you
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permission to use the Website only as set forth in this Agreement, and
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provided that: (i) your use of the Website as permitted is solely for
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your personal, noncommercial use; (ii) you will not copy or distribute
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any part of the Website in any medium without Company's prior written
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authorization; (iii) you will not alter or modify any part of the
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Website other than as expressly authorized and then only for such
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express purpose; (iv) you may not circumvent, disable, violate or
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attempt to violate, or otherwise interfere with the security or
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integrity of the Website, the proper operation of the Website, the
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features that prevent or restrict use or copying of any Content (as
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the term is defined below) or enforce limitations on use of the
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Website or the Content therein, or interfere with any activity being
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conducted on the Website; (v) you may not decipher, decompile,
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disassemble or reverse engineer any of the software comprising or in
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any way making up part of the Website; and (vii) you may not link to
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the Website without Company's prior written consent.
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2.2 In order to access some features of the Website, you will have to
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create a membership account. You may never use another's account,
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username or password without permission. When creating your account,
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you must provide accurate and complete information. You are solely
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responsible for the activity that occurs on your account, and you must
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keep your account password secure. You must notify Company immediately
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of any breach of security or unauthorized use of your account. You may
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be required to expressly accept or reject these Terms of Use when you
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register; you agree that any requirement that you do so does not in
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any way vitiate your assent to comply with the Terms of Use. Although
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Company will not be liable for your losses caused by any unauthorized
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use of your account, you may be liable for the losses of Company or
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others due to such unauthorized use.
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2.3 You agree not to use or launch any automated system, including
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without limitation, "robots," "spiders," "offline readers," etc., that
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accesses the Website in a manner that sends more request messages to
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the Company servers in a given period of time than a single human can
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reasonably produce in the same period by using a conventional web
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browser. You agree not to collect or harvest any personally
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identifiable information, including account names, from the Website,
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nor to use the communication systems provided by the Website for any
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commercial solicitation purposes. You agree not to solicit, for
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commercial purposes, any users of the Website with respect to their
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"User Submissions," as that term is defined below. You agree that your
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User Submissions both will not involve the transmission of "junk
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mail," "chain letters," "spamming," or other unsolicited mass
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mailings, and will not contain restricted or password only access
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pages or hidden pages or images. Company reserves the right in its
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sole discretion to block access or discontinue services to offenders,
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and to investigate and take appropriate legal action against anyone
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who, in Company's sole discretion, violates this provision, including
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without limitation, reporting you to law enforcement authorities.
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3. INTELLECTUAL PROPERTY RIGHTS
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The content on the Website, except any and all User Submissions,
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including without limitation, the text, software, scripts, graphics,
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files, images, photos, sounds, music, videos, interactive features and
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the like (collectively "Content") and the trademarks, service marks
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and logos contained therein ("Marks"), are owned by or licensed to
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Company, subject to copyright and other intellectual property rights
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under United States and foreign laws and international conventions.
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Company reserves all rights not expressly granted in and to the
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Website and the Content. For clarity, as between the parties, you own
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the User Submissions that you create. You agree to not use, copy,
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reproduce, modify, translate, publish, broadcast, transmit,
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distribute, perform, upload, display, license, sell or otherwise
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exploit for any other purposes whatsoever any Content, including, but
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not limited to, image, audio, and visual content, Marks, third party
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User Submissions, or other proprietary rights not owned by you, (i)
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without the express prior written consent of the respective owners,
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and (ii) in any way that violates any right of any third party. If you
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download or print a copy of the Content for personal use, you must
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retain all copyright and other proprietary notices contained therein.
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4. TERM
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This Agreement shall remain in full force and effect while you use the
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Website. Company may terminate your access to the Website or your
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membership at any time, for any reason, and without warning.
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5. USER SUBMISSIONS
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5.1 The Website may now, or in the future, permit the submission of
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recordings, videos or other communications submitted by you and other
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users ("User Submissions") and the hosting, sharing, and/or publishing
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of such User Submissions. You understand that whether or not such User
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Submissions are published, Company does not guarantee any
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confidentiality with respect to any such submissions.
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5.2 You shall be solely responsible for your own User Submissions and
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the consequences of posting or publishing them. You agree that Company
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has no liability with respect to any User Submissions, including,
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without limitation, your own submissions, and you hereby irrevocably
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release Company and its officers and directors, employees, agents,
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representatives and affiliates, from any and all liability arising out
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of or relating to User Submissions or any part thereof. In connection
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with your User Submissions, you affirm, represent, and warrant that
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you can and will demonstrate to Company's full satisfaction upon its
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request that: (i) you own or have the necessary licenses, rights,
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consents, and permissions to use and authorize Company to use each and
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every image and sound contained in each such User Submission and to
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enable inclusion and use of such User Submissions in the manner
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contemplated by the Website and this Agreement; (ii) specifically, you
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have the written consent, release, and/or permission of each and every
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identifiable individual person in the User Submission to use the name
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or likeness of each and every such identifiable individual person to
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enable inclusion and use of the User Submissions in the manner
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contemplated by the Website and this Agreement; and (iii)
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specifically, the posting of your User Submission on or through the
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Website does not violate the privacy rights, publicity rights,
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copyrights, contract rights, or any other rights of any person or
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entity. You agree to pay all royalties, fees, and other monies owing
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any person or entity by reason of any content posted by you to or
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through the Website. By submitting your User Submissions to the
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Website, you hereby give Company all rights and licenses necessary to
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use and otherwise exploit the User Submissions for any purpose in
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connection with the Website and Company's other related services.
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These rights are nonexclusive and irrevocable, but you remain the
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owner of the User Submissions that you create. You also hereby do and
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shall grant each user of the Website a non-exclusive license to access
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your User Submissions through the Website, and to use, modify,
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reproduce, distribute, prepare derivative works of, display and
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perform such User Submissions as permitted through the functionality
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of the Website and under this Agreement.
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5.3 In connection with User Submissions, you further agree that you
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will not: (i) publish falsehoods or misrepresentations that could
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damage Company or any third party; (ii) submit material that is
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unlawful, obscene, lewd, defamatory, libelous, threatening,
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pornographic, harassing, hateful, racially or ethnically offensive,
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excessively violent, or encourages conduct that would be considered a
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criminal offense, give rise to civil liability, violate any law, or is
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otherwise inappropriate or objectionable; (iii) post advertisements or
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solicitations of business; or (iv) impersonate another person. Company
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does not endorse any User Submission or any opinion, recommendation,
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or advice expressed therein, and Company expressly disclaims any and
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all responsibility or liability in connection with User Submissions.
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5.4 Company reserves the right to decide whether Content or a User
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Submission is inappropriate, or violates this Agreement, including
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without limitation, due to copyright infringement, violations of
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intellectual property law, pornography, obscene or defamatory
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material, or excessive length. Company also reserves the right, in its
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sole discretion, to reject, refuse to post or remove any posting
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(including private messages and User Submissions) by you, or to
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restrict, suspend or terminate your access to all or any part of the
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Website at any time, for any reason, without prior notice.
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Notwithstanding the foregoing, Company assumes no responsibility for
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monitoring the Website, Content, or User Submissions for inappropriate
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conduct, or modifying or removing such conduct, Content or User
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Submissions from the Website. Without limiting the generality of the
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foregoing, it is Company's policy to delete User Submissions uploaded
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anonymously after seven (7) days of inactivity, and User Submissions
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uploaded through a registered account after sixty (60) days of
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inactivity.
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5.5 In particular, if you are a copyright owner or an agent thereof
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and believe that any User Submission or other content infringes upon
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your copyrights, you may submit a notification pursuant to the Digital
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Millennium Copyright Act ("DMCA") by providing our Copyright Agent
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with the following information in writing (see 17 U.S.C 512(c)(3) for
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further detail):
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(a) A physical or electronic signature of a person authorized to act
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on behalf of the owner of an exclusive right that is allegedly
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infringed;
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(b) A description of the copyrighted work claimed to have been
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infringed, or, if multiple copyrighted works at a single online site
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are covered by a single notification, a representative list of such
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works at that site;
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(c) Identification of the material that is claimed to be infringing or
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to be the subject of infringing activity and that is to be removed or
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access to which is to be disabled and information reasonably
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sufficient to permit the service provider to locate the material;
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(d) Information reasonably sufficient to permit the service provider
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to contact you, such as an address, telephone number, and, if
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available, an electronic mail address;
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(e) A statement that you have a good faith belief that use of the
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material in the manner complained of is not authorized by the
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copyright owner, its agent, or the law; and
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(f) A statement that the information in the notification is accurate,
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and under penalty of perjury, that you are authorized to act on behalf
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of the owner of an exclusive right that is allegedly infringed.
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To submit a notice of claimed infringement, please fill out a ticket
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[2]here. You acknowledge that if you fail to comply with all of the
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requirements of this Section, your DMCA notice may not be valid.
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You hereby agree that you shall not assert any claim against the
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Company or its officers or directors with respect to such content
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unless and until: (1) you have fully completed the process set forth
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above; and (2) the Company has failed to remove the offending content
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within thirty (30) days after such notification without a reasonable
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explanation for its failure to do so.
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It is Company's policy to (1) block access to or remove Content that
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it believes in good faith to be copyrighted material that has been
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illegally copied, displayed or distributed by any of our advertisers,
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affiliates, content providers, members or users; and (2) remove and
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discontinue services to repeat offenders.
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5.6 Company reserves the right to discontinue any aspect of the
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Website at any time.
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6. THIRD PARTY WEBSITES
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The Website may contain links to third party websites that are not
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owned or controlled by Company. When you access third party websites,
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you do so at your own risk. Company encourages you to be aware when
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you leave the Website and to read the terms and conditions and privacy
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policy of each third party website that you visit. Company has no
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control over, and assumes no responsibility for, the content,
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accuracy, privacy policies, or practices of, or opinions expressed in
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any third party websites. In addition, Company will not and cannot
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monitor, verify, censor or edit the content of any third party site.
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By using the Website, you expressly relieve Company from any and all
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liability arising from your use of any third party website.
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7. WARRANTY DISCLAIMER
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TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS SUPPLIERS AND
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EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
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DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
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WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION,
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NEITHER COMPANY NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE
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OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR
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REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S
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CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES
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NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
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INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
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ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
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WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS
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AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
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STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
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OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
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WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;
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AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
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DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
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POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
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WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
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RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
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THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
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IN ANY ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY
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BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
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THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE WEBSITE IS
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CONTROLLED AND OFFERED BY COMPANY FROM ITS FACILITIES IN THE UNITED
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STATES OF AMERICA. COMPANY MAKES NO REPRESENTATIONS THAT THE WEBSITE
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IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO
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ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR
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COMPLIANCE WITH LOCAL LAW.
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8. INDEMNITY
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You agree to defend, indemnify and hold harmless Company, its parent
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corporation, officers, directors, employees and agents, from and
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against any and all claims, damages, obligations, losses, liabilities,
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costs or debt, demands, and expenses (including but not limited to
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attorneys' fees) arising from: (i) your use of and access to the
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Website or any Content that you post thereon; (ii) your violation of
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any term of this Agreement or your representations and warranties set
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forth above; (iii) your violation of any third party right, including
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without limitation any copyright, property, or privacy right; or (iv)
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any claim that one of your User Submissions caused damage to a third
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party.
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9. ELIGIBILITY
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By using the Website, you represent and warrant that (i) all
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registration information you submit is accurate and truthful; (ii) you
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will maintain the accuracy of such information; (iii) you are 18 years
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of age or older (if you are agreeing to these terms and conditions on
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behalf of a minor, you certify to Company that you are such minor's
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legal guardian); and (iv) your use of the Website does not violate any
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applicable law or regulation. Your profile may be deleted and your
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membership may be terminated without warning, if Company believes that
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you are under 16 years of age.
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10. LIMITATION OF LIABILITY
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IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR THEIR RESPECTIVE
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OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY
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THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
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CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER
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BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
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WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
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FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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SUBJECT TO THE FOREGOING, COMPANY'S LIABILITY TO YOU FOR ANY REASON,
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WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE
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COMPANY SERVICES IN CONNECTION WITH THE WEBSITE.
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YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER
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SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
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THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
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RESTS SOLELY AND ENTIRELY WITH YOU.
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11. ASSIGNMENT
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You may not transfer or assign this Agreement or any rights and
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licenses granted hereunder without the Company's prior written
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consent. The Company may freely transfer, assign, or delegate this
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Agreement, and any of its rights or obligations hereunder.
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12. MISCELLANEOUS
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If there is any dispute about or involving the Website, you agree that
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the dispute shall be governed by the laws of the State of California,
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without regard to conflict of laws provisions. Any dispute arising
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from or relating to the subject matter of this Agreement shall be
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finally settled by arbitration in Los Angeles, California, using the
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English language in accordance with the Arbitration Rules and
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Procedures of Judicial Arbitration and Mediation Services, Inc.
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("JAMS") then in effect, by one commercial arbitrator(s) with
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substantial experience in resolving intellectual property and
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commercial contract disputes, who shall be selected from the
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appropriate list of JAMS arbitrators in accordance with the
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Arbitration Rules and Procedures of JAMS. Any arbitrator so selected
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shall have substantial experience in the media industry. The
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arbitrator shall have the authority to grant specific performance and
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to allocate between the parties the costs of arbitration (including
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service fees, arbitrator fees and all other fees related to the
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arbitration) in such equitable manner as the arbitrator may determine.
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The prevailing party in the arbitration shall be entitled to receive
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reimbursement of its reasonable expenses (including reasonable
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attorneys' fees, expert witness fees and all other expenses) incurred
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in connection therewith. Judgment upon the award so rendered may be
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entered in a court having jurisdiction or application may be made to
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such court for judicial acceptance of any award and an order of
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enforcement, as the case may be. Notwithstanding the foregoing, each
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party shall have the right to institute an action in a court of proper
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jurisdiction for preliminary injunctive relief pending a final
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decision by the arbitrator. For all purposes of this Agreement, the
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parties consent to exclusive jurisdiction and venue in the United
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States Federal Courts located in Los Angeles, California. If any
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provision of this Agreement is deemed invalid by a court of competent
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jurisdiction, the invalidity of such provision shall not affect the
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validity of the remaining provisions of this Agreement, which shall
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remain in full force and effect. No waiver of any term of this
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Agreement shall be deemed a further or continuing waiver of such term
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or any other term, and Company's failure to assert any right or
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provision under this Agreement shall not constitute a waiver of such
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right or provision. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION
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ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1)
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YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
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ACTION IS PERMANENTLY BARRED.
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1. mailto:customersupport@gamefront.com
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2. https://breakmedia.zendesk.com/anonymous_requests/new
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