Last Revised September 8, 2006
The following User Agreement ("Agreement") governs
the use of the gamezer.com online service ("Service"), including
without limitation participation in its bulletin boards, forums, personal ads,
chats, games and all other areas (except to the extent stated otherwise on a
specific page) as provided by GameZer ("Service Provider"). Please
read the rules contained in this Agreement carefully. You can access this
Agreement any time at http://www.gamezer.com/legal/user_agreement/. Your use of
and/or registration on any aspect of the Service will constitute your agreement
to comply with these rules. If you cannot agree with these rules, please do not
use the Service. These rules may be modified from time to time; the date of the
most recent revisions will appear on this page. Continued access of the Service
by you will constitute your acceptance of any changes or revisions to the
Your failure to follow these rules, whether listed below or
in bulletins posted at various points in the Service, may result in suspension
or termination of your access to the Service, without notice, in addition to
Service Provider's other remedies.
Rules of Usage:
1. USE OF THE SERVICE BY YOU:
Unless otherwise specified, the Service is intended for your
personal, noncommercial use only. You may not authorize others to use the
Service, and you are responsible for all use of the Service by you and by those
you allow to use, or provide access to, the Service.
contains material that is protected by state, national and international
copyright, trademark and other intellectual property laws. You may not modify,
copy, reproduce, republish, upload, post, transmit or distribute in any way any
material, including code and software, from the Service. You may download material
from the Service and may use the Service for your personal, non-commercial use
only, provided you keep intact all copyright and other proprietary notices.
is not intended for users under the age of 13, and Service Provider does not
knowingly collect personally identifiable information from users under the age
of 13. Such users are expressly prohibited from submitting their personally
identifiable information to us, and from using our forums and chat areas; any
information submitted by such users will not knowingly be used, posted, or
retained by us.
not to use any obscene, indecent, or offensive language or to place on the
Service any material that is defamatory, abusive, harassing, racist, or
hateful. Further, you may not place on the Service any material that is
encrypted, constitutes junk mail or unauthorized advertising, or commercial
offers, invades anyone's privacy, or encourages conduct that would constitute a
criminal offense, give rise to civil liability, or that otherwise violates any
local, state, federal, national or international law or regulation. You agree
to use the Service only for lawful purposes and you acknowledge that your
failure to do so may subject you to civil and criminal liability.
responsible for ensuring that any material you provide to the Service or post
on a bulletin board or forum or elsewhere, including but not limited to text,
photographs and sound, does not violate the copyright, trademark, trade secret
or any other personal or proprietary rights of any third party or is posted
with the permission of the owner(s) of such rights.
content, organization, graphics, text, images, video, design, compilation,
advertising and all other material on the Service, including without
limitation, the "look and feel" of this website, are protected under
applicable copyrights and other proprietary (including but not limited to
intellectual property) rights and are the property of Service Provider or its
licensors. The copying, rearrangement, redistribution, modification, use or
publication by you, directly or indirectly, of any such matters or any part of
the website, including but not limited to the removal or alteration of
advertising, except for the limited rights of use granted hereunder, is strictly
You may not
in any way make commercial or other unauthorized use, by publication,
re-transmission, distribution, performance, caching, or otherwise, of material
obtained through the Service, except as permitted by the Copyright Act or other
law or as expressly permitted in writing by this Agreement, Service Provider or
not to disrupt, overwhelm, attack, modify or interfere with the Service or its
associated software, hardware and/or servers in any way, and you agree not to
impede or interfere with others' use of the Service. You further agree not to
alter or tamper with any information or materials on or associated with the
connecting to Service Provider's servers by http requests using a Web browser,
you may not attempt to gain access to Service Provider's servers by any means -
including, without limitation, by using administrator passwords or by
masquerading as an administrator while using the Service or otherwise.
acknowledge that Service Provider has not reviewed and does not endorse the
content of all sites linked to from this Service and is not responsible for the
content or actions of any other sites linked to from this Service. Your linking
to any service or site is at your sole risk.
BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Provider does not necessarily endorse, support, sanction, encourage, verify, or
agree with the comments, opinions, or statements posted on forums, blogs or
otherwise contained in the Service. Nor does Service Provider or its third
party service providers make any warranties with respect to any of the
merchandise featured, mentioned, or sold on or through the Service. Any
information or material placed online, including advice and opinions, are the
views and responsibility of those who post the statements or those who actually
sell any merchandise, and do not necessarily represent the views of Service
Provider or its third party service providers.
3. USE OF
MATERIAL SUPPLIED BY YOU:
regarding use of personal information you supply or communicate to the Service,
data, or engaging in any other form of communication with or through the
Service, you grant us a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, reproduce, modify, adapt, translate, enhance,
transmit, distribute, publicly perform, display, or sublicense any such
communication (including your identity and information about you) in any medium
(now in existence or hereinafter developed) and for any purpose, including
commercial purposes, and to authorize others to do so. In addition, please be
aware that information you disclose in publicly accessible portions of the
Service will be available to all users of the Service, so you should be mindful
of personal information and other content you may wish to post.
MATERIALS POSTED BY OTHERS:
that Service Provider and its third party service providers are not
responsible, and shall have no liability to you, with respect to any
information or materials posted by others, including defamatory, offensive or
illicit material, even material that violates this Agreement.
to indemnify Service Provider and its affiliates, employees, agents,
representatives and third party service providers, and to defend and hold each
of them harmless, from any and all claims and liabilities (including attorneys
fees) which may arise from your submissions, from your unauthorized use of
material obtained through the Service, or from your breach of this Agreement,
or from any such acts through your use of the Service.
Provider reserves the right, but undertakes no duty, to review, edit, move or
delete any material provided for display or placed on the Service or its
bulletin boards, in its sole discretion, without notice.
Provider reserves the right to post, from time to time, additional rules of
usage that apply to specific parts of the Service. Such additional rules will
be posted in the relevant parts of the Service, and will be clearly identified.
Your continued use of the Service constitutes your agreement to comply with
these additional rules.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS
PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS
THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY,
RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER
ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY
THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE
PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS
AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY
GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE
OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS
AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS
THAT VARY FROM STATE TO STATE.
AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE
PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH
YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
TERMINATION OF ACCESS TO THE SERVICE:
Provider has the right to terminate your ability to access the Service, for any
or no reason, without notice.
Provider makes no representation that materials on the Service are appropriate,
available or legal in any particular location. Those who choose to access the
Service do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
that this Agreement, for all purposes, shall be governed and construed in
accordance with the laws of the State of
applicable to contracts to be
wholly performed therein, and any action based on, relating to, or alleging a
breach of this Agreement must be brought in a state or federal court in
. In addition, both parties agree to
submit to the exclusive personal jurisdiction and venue of such courts.
We may at
times offer auctions on the Service; should we do so, we will use third-party
service provider(s) to administer the auctions. You must agree to such third
party's user agreements, contracts and rules pertaining to the use of its
service. Neither Service Provider nor its auction service provider(s) have any
control or assume responsibility for the quality, safety or legality of the
items advertised. We provide a venue to bring buyers and sellers together over
the Internet. If you participate in the auctions feature of the Service, please
note that Service Provider does not participate and does not have any control
over or assume any responsibility or liability for the quality, safety or
legality of the items advertised, the truth or accuracy of the listings, the
ability of sellers to sell items, or the functionality of the auction services.
Press ("AP") text, photo, graphic, audio and/or video material shall
not be published, broadcast, rewritten for broadcast or publication or
redistributed directly or indirectly in any medium. Neither these AP materials
nor any portion thereof may be stored in a computer except for personal and
non-commercial use. The AP will not be held liable for delays, inaccuracies,
errors or omissions therefrom or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing.
If you don't agree to the terms contained in this Agreement,
please exit the Service.