This is a binding legal agreement between you and Gamelancer Media Corp. (Company We, Us or Our) and governs your relationship with Us as it pertains to the Gamelancer website and/or any other medium upon which we provide products or services (the “Service”). We will ask you to agree to be bound by these terms when you register for a Gamelancer account, however, your access to the Service or any portion thereof also constitutes your agreement to these terms. The terms contained herein supersede and replace any other agreement or negotiation between you and Gamelancer, whether oral, written or otherwise including any statements made by any representative of Company or any User at any time.
1. Services
2. Policies
3. Accounts
4. Submitting Content
5. Acceptable Use Policy
6. Ownership of Intellectual Property; Confidentiality
7. Suspension and Termination
8. Notice
9. Survival
10. Warrantee and Limitations
11. Indemnity
12. Force Majeure
13. Assignment
14. Severability
15. Choice of Law
16. No Agency
17. Amendment
18. Required Notices
Company provides and operates our website (“gamelancer.com”) as a resource for individuals and institutions to learn about our business, or in some cases to facilitate exchange of digital media, documents, agreements, and/or information.
Company maintains these Terms of Service which includes an Acceptable Use Policy set forth below and a Privacy Policy. The Privacy Policy is incorporated into these terms as though set forth at length herein. By your express agreement or by using any aspect of the Service, you agree to be bound by these policies as well as any other terms that may be posted within the Service or that may be otherwise provided to you. The Terms of Service, Acceptable Use Policy and Privacy Policy, collectively, are referred to herein and on the Service as the “Policies” (“Policies”).
User accounts are provided for individuals or institutions who need to access internal Services only, and will manually be authorized by an employee of Company to access only the specific internal Services they require. Access to User accounts and internal Services can and will be revoked when internal Services are no longer required.
Unregistered users are permitted to explore certain parts of the Service without registering as a user. In order to become a registered user of the Service (“User”), you will need to register for a User Account (“Account”). During registration of your User Account, you will be asked to select a username and password. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur with regard to your User Account. You agree that the information you provide to Us during Your registration of a User Account is, at the time of registration true, accurate, current, and complete and you agree to keep Your Account information up to date at all times. User Account data expressly includes, but is not limited to Your Account information, videos and images of You or that you post to the Service. User Accounts are not subject to assignment and may not be rented, sold or transferred without the express written consent of Company. We reserve the right to monitor the use of your Account and take any action we deem appropriate to prevent any violation or abuse of any Gamelancer Policies, laws, ordinances, regulations or rights of Company, any or any User including the suspension, disabling or deactivation of Your Account or Your access to any Account.
User Accounts with no activity for more than 12 months are subject to suspension or termination at the discretion of the Company.
Uploading or submitting your images, videos or other content to the Service does not change that. By submitting content, You grant the Company the right to use the content that you upload (“User Content”). This is called a license and this Section outlines how the license works, what We can do with the licensed User Content and confirms that You continue to own it for all other purposes.
At various points throughout the Service You may be given the opportunity to upload images, videos, text, animations, direct messages, emails relating to the Company, the Service or other media to the Service for Display on the Service or other purposes. When you upload or otherwise provide in any way, User Content to the Service or Company, or otherwise provide User Content to Company, or any Company employee, agent or representative you grant Us and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Us (“Licensees”), an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable license to use, reproduce, stream, livestream, copy, display, publish, exhibit, distribute, edit, modify, sell, offer for sale, create derivative works based upon the User Content and to exercise any and all copyright, trademark, publicity, and database rights you have in the User Content, in any media or form (“User License”).
On occasion we may select certain User Content to use in relation to Social Media, advertising, marketing, search engines, or other promotional materials, in whole or in part and alone or in combination with other User Content or other Content for the Service or those of our affiliates, partners or other third parties selected by us for this purpose. User Content expressly includes, but is not limited to, all usage data as to the Service, User Account data and all User Content. Any use etc. of User Content is subject to Our sole discretion and may continue or cease with or without notice to you at any time.
Before you provide any User Content to Company or Licensees you hereby represent and warrant that you own or otherwise have ownership rights in and to the User Content sufficient to grant the User License under this Section and that neither your provision of the User Content to Company or any Licensee under this Agreement nor the granting of rights under the User License or any Use etc. thereunder does not and will not violate the intellectual property rights, privacy rights, publicity rights, contract rights of any person and is not unlawful under any applicable statute, ordinance or regulation.
Company strictly enforces compliance with its acceptable use terms under this section. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under Section (10) herein.
5.1 You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
5.2 You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
5.3 You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property.
5.4 You agree not to transmit any unsolicited commercial or bulk email or other messages. You will not engage in any activity known or considered to be “spamming”, “message bombing” or other abusive or harassing volume or frequency of messages.
5.5 You agree not to make or attempt any unauthorized access to any Company, Gamelancer or User Account.
5.6 You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
5.7 You agree not to register or utilize any Account Username which violates these Terms, the intellectual property rights of any other person or is offensive as determined by Company in its sole discretion.
5.8 You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. To the extent expressly permitted, you shall maintain records of any such written consent throughout the term of this agreement and for three (3) years thereafter.
5.9 You agree not to undertake any action which is harmful or potentially harmful to the System or any Company networks or server structure.
5.10 You agree not to provide, lease, sublease space or any other right within your Account or otherwise provide access to your User Account to any third party for any purpose. User Accounts are for single person Users only.
5.11 You agree that you will not upload or otherwise provide User Content to Company or the Service which contains or reflects advertising, marketing or promotion of any commercial activity without the express written consent in advance of Company.
5.12 You will take no action to solicit or encourage any person to terminate his or her relationship with Company or Service or assist any other person or entity to do so.
5.13 You agree not to conduct Yourself in any manner which is abusive or offensive to Company, other Users or third parties. Abusive or Offensive shall be determined within the sole discretion of Company.
It is understood and agreed that while you maintain a User Account and thereafter you may come into possession of information which is subject to protection and/or non-disclosure as the intellectual property of Company. You acknowledge that all right and title to any such Intellectual Property and agree that all such Intellectual Property shall remain the sole property of Company and that you have no right, title or interest therein. You further agree not to provide access to the Intellectual Property or the Services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Intellectual Property or Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Intellectual Property or Service shall also remain the sole property of Company. Nothing herein, including any license shall permit the use of any Intellectual Property by You or any other person absent the express written consent of the Company or as may be otherwise expressly provided herein.
While You maintain a User Account, You may have access to certain information and materials relating to the Company business, customers, software technology and marketing strategies which Company treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise to: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Company; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights hereunder, and then, only for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination your User Account respect to Confidential Information, which does not rise to the level of a trade secret.
This agreement shall remain in effect from your acceptance of these terms until terminated as provided herein (“Term”).
At the sole option of Company for any reason set forth herein or in the event that You breach any term of this Agreement including but not limited to Sections 2-5 (inclusive), 8-9 (inclusive) Company may suspend Your account by deactivating any access by You to your Account or any information contained on the Company servers related to Your Account while maintaining the information and data related to Your Account upon the Company servers. In the event of any such suspension you will be notified and given an opportunity to correct the reason for Your suspension. In the event that the reason for Your suspension is not corrected within ten (10) days, Your Account may be terminated under paragraph 7.3 below. Dormant Accounts are subject to suspension and eventual termination. Suspended Accounts subject to cancellation or re-assignment of User Account names in the sole discretion of Company.
This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include, at the sole option of Company, the cancellation of your User Name and Account, the removal of any and all of your User Content and other information pertaining to You from the Company servers. Such information or data may or may not be made available to You by Company after any such termination. Company may discontinue any or all Services at any time, with or without notice. Termination shall not affect any rights Company may have recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or other costs of any kind as may be applicable under these Terms or otherwise under California Law.
Any notice required under this agreement may be given by Company to you via email at the address provided by you to Company at User registration or as Company may be subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do by Contacting Us.
Any notice by you to Company shall be made by email to [email protected] and is considered effective upon acknowledgment of receipt. Alternatively, you may provide notice to us via postal mail at 1115 Larabee Street, Unit 302, West Hollywood, CA 90069.
Our site uses YouTube’s API, by using our video features, you also agree to YouTube’s terms of service as seen below: https://www.youtube.com/t/terms
Sections 1 – 21 (all inclusive), of this Agreement shall survive the termination of this Agreement and shall remain in full force and effect after any such termination.
10.1 Company makes every reasonable effort to maintain operation of the Service. However, because many events and circumstances are beyond the control of Company, Company does not in any way warrant or otherwise guarantee the availability of the Service and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Company.
10.2 THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
10.3 In general, Company has no control over information contained on the Internet. Information obtained by you from the Internet or from third parties such as game publishers or gaming platforms may be protected by intellectual property rights of third parties or may be inaccurate, offensive or in some cases even illegal. Company accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the legality, truth and accuracy and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Company provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Service.
10.4 You expressly waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
10.5 THERE SHALL BE NO FINANCIAL OR OTHER REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH BREACH, ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
11.1 You agree to fully defend, indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement by you or your affiliates or your negligence or intentional conduct whether active or passive or any negligence of Company in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
11.2 You agree to fully defend and indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
11.3 You agree that upon the creation of your User Account, you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, User Content or any other data as the result of any access to your account via the use of your User ID. You further agree to defend and indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
Either party to these Terms shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, pandemic, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
This agreement and the rights hereunder are not assignable or transferable except that Company may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Company. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties arising out of or relating to this Agreement shall be venued in the State or Federal Courts situated within the City and County of Los Angeles, California. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by postal mail at the address provided upon registration or as updated thereafter, and hereby waive any defense of any kind related to jurisdiction or venue.
Notwithstanding any other provision of this agreement, Company is not your agent, partner or joint venturer in any respect.
Company may without advance notice amend this Agreement or the Policies from time to time, and will do so by posting the new Agreements or Policies on the Service in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
Any notice concerning any claim of copyright infringement including any notice under the Digital Millennium Copyright Act (DMCA) should be addressed to our DMCA Agent as follows:
InternetLitigators ®Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Company service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
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