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Published by Future US, Inc.
LAST UPDATED: MARCH 16, 2009
on the Website, except all User Submissions, including without limitation, the
text, software, scripts, graphics, music, photos, and the like
("Content") and the trademarks, service marks and logos contained
therein are owned by or licensed to Future US, subject to copyright and other
intellectual property rights under
USE OF WEBSITE
Furthermore, you agree not to use or launch any automated system, such as "robots," "spiders," "offline readers," and the like, that might cause access to the Website in a way that would deliver more messages to the server(s) of the Website in a certain period of time than a person can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Website grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Website reserves the right, generally or specifically, to revoke these exceptions. 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 defined below).
THIRD PARTY CONTENT
Future US nor its employees guarantee the accuracy, completeness or usefulness
of the information presented on the Website, which may include views, opinions
and recommendations from third-party individuals and organizations. The Website
may contain links to third party websites that are not owned or controlled by
Future US. Any material on any other site linked to by the Website is beyond
the control of Future US, and Future US assumes no responsibility for, the
content, privacy policies, or practices of any third party websites. Future
Website feeds in the RSS format are provided free of charge for use by
individuals for personal, non-commercial uses.
Attribution to the Website must be provided in connection with your use
of the feeds. If you provide this attribution with a graphic, please use the
Future US logos and trademarks (“Marks”) that Future US has included in the
feed itself. Future
The Website shall permit at any time you and others the right to submit games-related content, comments, reviews, video, artwork, etc. ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. However, you understand that whether or not such User Submissions are published, Future US does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the results of posting or publishing them. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Website to use and have access with respect to the User Submissions all patent, trademark, trade secret, copyright or other proprietary rights.
agree that you shall not: (1) submit material that is copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant Future
US, all of the license rights granted herein; (2) publish falsehoods or
misrepresentations that might affect Future US, or any third party; (3) submit
material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, give rise
to civil liability, violate any law, or is otherwise inappropriate; or (4) post
advertisements or solicitations of business. Future
Use and Storage of User Submissions: Future US may establish general practices and limits concerning your use of the Website and its features, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Website, the maximum disk space that will be allotted on Future US servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that Future US has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website. You acknowledge that Future US reserves the right to log off and remove accounts that are inactive for an extended period of time. You further acknowledge that Future US reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Our community features are designed to allow you to share information with others and to provide you with the opportunity to post comments, participate in forums and receive updates.
When you sign up for the community features “Community Features”, you will be asked to create a username and password. In addition, you will have the opportunity to build a profile, including your picture, instant messaging addresses, and an “about me” section. You will be asked which information, if any, you wish to have displayed in your public profile. With the exception of your user name, you do not have to provide or agree to display any information in your public profile in order to use the Community Features.
IF YOU CHOOSE TO ALLOW THE INFORMATION YOU PROVIDE TO BE DISPLAYED IN YOUR PUBLIC PROFILE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE WEBSITE AND VISITORS TO THE WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION TO BE SHARED IN A PUBLIC FORUM, DO NOT PROVIDE THE INFORMATION.
User Code of Conduct
We want you to be able to express yourself and your point of view while using our community features, but certain kinds of speech simply do not belong on the Website. Therefore, you may not post or share content that:
While we are not responsible for the conduct of our users, we expect you to act responsibly. Therefore, when using our community features, you may not:
This User Code of Conduct is subject to change at any time at our Website's sole discretion.
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):
Copyright Agent/Legal Department
c/o Future US, Inc.
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Future US customer service through email@example.com (Customer Service Manager). You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Future US will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Future US's sole discretion.
Future US may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the Website.
DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FUTURE US, AFFILIATE SITES OR THE OWNERS, WEBMASTERS OR ANY OTHER PERSONNEL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred or U.S. $25.00, whichever is greater. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
REMEDIES, CHOICE OF LAW AND FORUM
controversy or claim arising out of or relating to this Agreement or any Website
services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in the County of San Mateo,
California, USA and judgment on the arbitration award may be entered into any court
having jurisdiction. Either you or Future US may seek any interim or
preliminary relief from a court of competent jurisdiction in
shall be governed by