By accessing/using Gamer's Den, you hereby agree and consent to all of the following terms:
A. Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online resources, including various communication tools, online forums, personalized content and branded programming. Some Services are presently provided free of charge and others require payment. Gamer's Den reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that Gamer's Den will not be liable to you or any third party for any modification or discontinuance of the Services.
B. Service Limitations. We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither Gamer's Den nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings.
C. Privacy Policy. Gamer's Den respects your privacy and has developed a detailed Privacy Policy that is incorporated into the User Agreement. Please take the time to read our Privacy Policy which is available at http://www.gamersden.ca/pages/terms/privacy.html. As a User of the Services, you are accepting the terms of our Privacy Policy.
D. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, game ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that Gamer's Den does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Gamer's Den does not pre-screen User Content, and has no obligation to do so, but that Gamer's Den and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.
E. Third Party Sites; Advertisers. The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through Gamer's Den's third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. Gamer's Den does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. Gamer's Den does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
3. General Rules
For the benefit of the entire Gamer's Den community, and to comply with applicable laws, we have certain general rules, which Gamer's Den will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Services or other actions by Gamer's Den, you should carefully read and follow them.
A. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.
B. Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify Gamer's Den immediately and promptly change your password. Please visit the Contact Center(http://www.gamersden.ca/pages/contact/) for instructions on how to change your password or to contact Gamer's Den.
C. Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
D. Permitted Use of Content. The content included in the Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by Gamer's Den and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of Gamer's Den.
E. Limits on Use of the Services. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any Gamer's Den account not owned by you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
F. Our Communities
1) Community Conduct. By using and/or registering for the community boards, user pages, forums (the "Gamer's Den Forums") or other tools or applications for communicating, posting, or creating User Content (collectively the "User Tools"), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the User Tools, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
- Post files or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose.
- Post surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Restrict or inhibit any other User from using and enjoying any public area of the Services.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
If you choose to use language, such as a user name or game name that, in Gamer's Den's sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name or game name.
2) User Tools. Gamer's Den and its affiliates reserve the right to terminate your access without refund to any or all of the User Tools at any time without notice for any reason whatsoever.
3) Monitoring. Gamer's Den and its affiliates have no obligation to pre-screen or monitor the User Tools or the content Posted on or through any User Tools. However, Gamer's Den and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in Gamer's Den 's or any of its affiliates' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4) Usage. Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. Gamer's Den is not responsible for its theft, copying or placement of that User Content on other media or networks. Gamer's Den and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, Gamer's Den and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Community managers and hosts are not authorized spokespersons of Gamer's Den or any of its affiliates, and their views do not necessarily reflect those of Gamer's Den and its affiliates. Community managers and hosts do, however, set standards on their own community areas. By posting User Content through the User Tools you grant Gamer's Den certain rights as described in Section 4A below.
G. Downloads
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and Gamer's Den will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third party service providers will create any warranty not expressly stated.
4. Rights You Grant to Gamer's Den:
A. User Content. By submitting any User Content through or to the Services, including on any User Tools or User Pages, but excluding any User Content you submit on Gamer's Den Blogs, you hereby irrevocably grant to Gamer's Den, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed. Notwithstanding the foregoing, when you submit a game FAQ, text guide, walkthrough or image, Gamer's Den may modify the format and display of such User Content, but not the content. Gamer's Den will take reasonable precautions to help you to keep your email and voicemail messages private. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to User Content you Post for inclusion on publicly accessible areas of Gamer's Den Blogs, you grant Gamer's Den the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Services or on any media. You agree that the foregoing grant of rights by you to Gamer's Den and its affiliates is provided without any the entitlement of payment of fees or consideration.
B. Account Access. In order to ensure that Gamer's Den is able to provide high-quality services that are responsive to Users' needs, you agree that Gamer's Den representatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
