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1.
General
1.1 This agreement governs
your use of the Game Club Central is hereon
Refferred to as "the Service"), including the
Community Center database and discussion areas.
Additional terms and conditions of use applicable
to specific areas of the Service may also be
posted in such areas and, together with this
agreement, govern your use of those areas. This
agreement, together with any such additional
term and conditions, are referred to as this
"Agreement."
1.2 Game Club Central reserves the right, in
its discretion, to change or modify all or any
part of this Agreement at any time, effective
immediately upon notice published on the Service.
Your continued use of the Service constitutes
your binding acceptance of these terms and conditions,
including any changes or modifications made
by Game Club Central as permitted above. If
at any time the terms and conditions of this
Agreement are no longer acceptable to you, you
should immediately cease all use of the Service.
1.3 The Service is directed to teenagers and
adults and is not directed to children under
the age of 13. Game Club Central complies with
the Children's Online Privacy Protection Act
and does not permit registration by and will
not knowingly collect personally identifiable
information from anyone under 13. This requirement
will be posted wherever Game Club Central collects
data within the Service, such as during the
registration process.
2. Use of Content
2.1 You acknowledge that
the Service contains information, software,
photographs, audio and video clips, graphics,
links and other material (collectively, the
"Content") that are protected by copyright,
trademark or other proprietary rights of Game
Club Central or third parties. All Content on
the Service is copyrighted as a collective work
of Game Club Central pursuant to applicable
copyright law. You agree to comply with any
additional copyright notices, information, or
restrictions contained in any Content available
on or accessed through the Service. Users of
the Service may use the Content only for their
personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer
or sell, reproduce, create derivative works
from, distribute, perform, display, or in any
way exploit any of the Content, in whole or
in part, except as expressly permitted in this
Agreement. Content consisting of downloadable
software may not be reverse engineered unless
specifically authorized by the owner of the
software's patent and/or copyright. You may
post on the Service any Content owned by you
(such as your original statements), Content
for which you have received express permission
from the owner and Content in the public domain.
You assume all risk and responsibility for determining
whether any Content is in the public domain.
You grant to Game Club Central the right to
edit, copy, publish, distribute, translate and
otherwise use in any medium any Content that
you place on the Service without compensation
to you. You represent and warrant that you are
authorized to grant all rights set forth in
the preceding sentence.
2.3 You may download or copy the Content only
for your own personal use, provided that you
maintain all copyright and other notices contained
in such Content. You shall not store electronically
any significant portion of any Content. Except
as expressly permitted by the copyright laws,
no copying, storage, redistribution or publication
of any Content is permitted without the express
permission of Game Club Central or the owners
of such Content or their authorized persons,
if other than Game Club Central. You may download
from the Service any Content in the public domain
for your own personal use or for non-commercial
redistribution.
3. Rules of Conduct
You shall not post on
the Service any Content which (a) is libelous,
defamatory, obscene, pornographic, abusive,
harassing or threatening, (b) contains viruses
or other contaminating or destructive features,
(c) violates the rights of others, such as Content
which infringes any copyright, trademark, patent,
trade secret or violates any right of privacy
or publicity, or (d) otherwise violates any
applicable law. You may not post on the Service
any links to any external Internet sites that
are obscene or pornographic. You shall not use
the Service for any commercial purpose, to distribute
any advertising or solicitation of funds or
goods and services or to solicit users to join
competitive online services.
4. Managing Content
Game Club Central does
not and cannot review the Content posted by
users on the Service and is not responsible
for such Content. However, Game Club Central
reserves the right to delete, move or edit any
Content that it may determine, in its sole discretion,
violates this Agreement or is otherwise unacceptable.
You shall remain solely responsible for all
Content posted by you. Game Club Central shall
have the right, but not the obligation, to correct
any errors or omissions in any Content, as it
may determine in its sole discretion.
5. No Endorsement
5.1 Game Club Central
does not represent or endorse the accuracy or
reliability of any Content posted on any Interactive
Area and you acknowledge that any reliance upon
such Content shall be at your sole risk. Any
Content placed on any Interactive Area by users
are the views of the user posting the statement,
and do not represent the views of Game Club
Central.
5.2 The Service may contain links to sites on
the Internet which are owned and operated by
third parties (the "External Sites"). You acknowledge
that Game Club Central is not responsible for
the availability of, or the content located
on or through, any External Site. You should
contact the site administrator or Webmaster
for those External Sites if you have any concerns
regarding such links or the content located
on such External Sites.
6. Indemnity
You agree to indemnify,
defend and hold Game Club Central and its affiliates,
and their respective officers, directors, owners,
agents, information providers and licensors
harmless from and against any and all claims,
liability, losses, costs and expenses (including
attorneys' fees) incurred by any Game Club Central
Party in connection with any use or alleged
use of the Service under your password by any
person, whether or not authorized by you. Game
Club Central reserves the right, at its own
expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate
with Game Club Central's defense of such claim.
7. Termination of Service
Game Club Central reserves
the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any
part of the Service, including the Interactive
Areas, at any time for any reason without prior
notice or liability. Game Club Central may change,
suspend or discontinue all or any aspect of
the Service at any time, including the availability
of any feature, database, or Content (including
the Interactive Areas), without prior notice
or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
8.1 NEITHER GAME
CLUB CENTRAL
NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
GAME
CLUB CENTRAL,
ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO
BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.
THE SERVICE AND THE CONTENT ARE DISTRIBUTED
ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF GAME
CLUB CENTRAL,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT
OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE
SERVICE. NEITHER GAME
CLUB CENTRAL
NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS
THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH
THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SERVICE AND THE ACCURACY
OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY
BY YOU.
8.2 NEITHER GAME
CLUB CENTRAL,
ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF GAME CLUB CENTRAL,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
9. Miscellaneous
This Agreement shall be
construed in accordance with the laws of the
State of Ohio, and the parties irrevocably consent
to bring any action to enforce this Agreement
in the federal or state courts located in Columbus,
Ohio. This Agreement constitutes the entire
agreement between the parties with respect to
the subject matter hereof, and supersedes all
previous written or oral agreements between
the parties with respect to such subject matter.
If any inconsistency exists between the terms
of this agreement and any additional terms and
conditions posted on the Service, such terms
shall be interpreted as to eliminate any inconsistency,
if possible, and otherwise, the additional terms
and conditions shall control. Sections 2, 3,
7, and 8 shall survive any termination of this
Agreement as well as any other provisions which
by their terms or sense are intended to survive.
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