Crispy Gamer

Crispy Gamer, Inc. Terms of Use

The Website, Service, and Community Tools featured herein are brought to you by Crispy Gamer, Inc. (collectively -- including all functionality, service, community tools and content available through web sites operated by Crispy Gamer, Inc. on which this Terms Of Use is displayed -- "we," the "Crispy Gamer Website," "Crispy Gamer," the "Website," or the "Service"). The following Terms of Use apply to your use of the Website.

These Terms of Use were last updated on March 11, 2008.

Acceptance of Terms of Use

By continuing to use the Website, you signify your acceptance of and binding agreement to (1) Crispy Gamer's Privacy Policy, located at http://www.crispygamer.com/privacy.policy/ and incorporated here by reference, (2) Crispy Gamer's Community Rules, located at http://www.crispygamer.com/communityrules/ and also incorporated here by reference, and (3) these terms and conditions (the "Terms of Use"), including any changes to these terms Crispy Gamer may choose to make. These Terms of Use, together with any such additional terms and conditions, are referred to as this "Agreement". Crispy Gamer reserves the right, at its sole discretion, to modify, delete, or revise any or all parts of its Terms of Use, Community Rules, or Privacy Policy at any time without further notice. Unless otherwise provided for under the revised terms, any changes will be effective immediately upon their publication on the Website. It is your responsibility to be aware of any updates to the Terms of Use, we advise that you periodically review the most current version at http://www.crispygamer.com/terms.of.use/. If you do not agree to these Terms of Use, Community Rules, or Privacy Policy, please discontinue your use of the Crispy Gamer Website immediately. These Terms of Use apply to all users of the Website.

User Eligibility and Registration

To access some of the features of the Crispy Gamer Website, you will be required to create a Crispy Gamer account. Crispy Gamer accounts and registration are available solely for users who are 13 years of age or older. You must be at least 13 years of age to register on the Website or use any Crispy Gamer Service. We do not permit registration by and will not knowingly collect any information from anyone under the age of 13. By registering with this Website, you represent and warrant that you are 13 years of age or older. You must be 18 years of age to submit videos and images to the Site. If it is found that an underage user has fraudulently registered, that account will be terminated immediately.

Please be aware that the majority of the content found on the Website is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. You must provide true, accurate, current, and complete registration information when creating your account. Creating an account under false or fraudulent pretenses or via automated means constitutes unauthorized use of the Service and such accounts will be terminated immediately.

You may not use another user's account without permission. You are solely responsible for keeping your username and password secure. You are solely responsible for the use of your account and any activity that occurs using your account. You must notify Crispy Gamer immediately of any breach of security or unauthorized activity conducted with your account. Crispy Gamer will not be liable for losses cause by unauthorized activity conducted with your account, however you may be held liable for the losses of Crispy Gamer or others due to unauthorized use.

Use of Content

The content on the Crispy Gamer Website, except that content submitted by the user ("User-submitted Content"), including the designs, text, graphics, information, applications, software, images, sound, audio and video files, links, interactive features, and other material ("Content"), is protected by copyright under both United States and foreign laws. We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. By using this Website, you agree to comply with any copyright notices, information, or restrictions contained in any Content available on the Website or any Content that is accessed through the Website. Users of the Website may only use this Content for personal and noncommercial purposes.

The Website is intended solely for personal use by individuals. No business, organization, or other legal entity may become a registered user of the Website, nor are they allowed to use the Website for any purpose, including but not limited to the collection of registered user information, usernames, and/or email addresses by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the service.

You may not modify, publish, create other works from, display, sell, distribute, exploit, sell, or transfer by any means any of the Content on the Website, in whole or in part, without the prior written permission of Crispy Gamer, except as outlined in the following paragraph.

You may download, copy, and make personal, non-commercial use of the Content providing it is done in accordance with Sections 107 through 122 of the United States Copyright Act of 1976 ("Copyright Act") and not prohibited by any section of the Copyright Act or any other applicable law, rule, or regulation. You must maintain all copyright and other notices contained in such Content and on any copy you make of the Content, and you may not store electronically any significant portion of the Content.

Trademarks

The trademarks, service marks, and logos of Crispy Gamer (the "Crispy Gamer Trademarks") used and displayed on the Website are registered and unregistered trademarks or service marks of Crispy Gamer. Other company, product, and service names located on the Website may be trademarks or service marks owned by third-parties (the "Third-Party Trademarks", and, collectively with Crispy Gamer Trademarks, the "Trademarks"). Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of Crispy Gamer specific for each such use. The Trademarks may not be used to disparage Crispy Gamer or the applicable third-party, Crispy Gamer's or third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Crispy Gamer, in advance, in writing, approves the establishment of such a link. All goodwill generated from the use of any Crispy Gamer Trademark shall inure to Crispy Gamer's benefit.

User-submitted Content

You may only submit User-submitted Content that is owned by you in the form of original statements, images, or audio or video clips, or Content that is in the public domain. You are solely and fully responsible for determining whether your User-submitted Content is in the public domain or owned by a third party and/or is subject to other restrictions that would limit your ability to post it. If Content is owned by a third party, you shall not post it unless the owner has given you express permission to do so.

You are solely responsible for your own User-submitted Content and the consequences of posting or publishing it. In submitting Content, you hereby grant Crispy Gamer and its successors, assignees, and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, modify, revise, create derivative works of, and archive said Content, in any form or media now known or hereafter developed (including without limitation in print, magnetic, or electronic form), on any number of occasions, and to sublicense third parties to do any of the foregoing with further right of sublicense ("License") without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by the Licensee of the Licensee's rights under the License shall not violate any laws, defame, or libel any person, invade any person's right of privacy or publicity, or otherwise violate, misappropriate, or infringe the rights of any person (including without limit any copyright or moral right).

You agree not to circumvent, disable, or otherwise interfere with any security related features of the Website or the Content, including features that prevent or restrict use or copying or that enforce limitations on use.

You will not submit Content that is in violation of local, national, or international laws or regulations, or that is contrary to the Crispy Gamer Community Rules, which are found at http://www.crispygamer.com/communityrules/ and may be updated at our discretion.

Crispy Gamer does not endorse any User-submitted Content or any opinion, recommendation, or advice expressed therein. Furthermore, Crispy Gamer expressly disclaims any and all liability in connection with User-submitted Content. Crispy Gamer does not infringement on intellectual property rights or copyright on the Website, and any User-submitted Content or other Content that infringes upon another's intellectual property rights or copyright will be removed.

Crispy Gamer reserves the right to remove any Content on its site, including without limitation User-submitted Content, without prior notice.

Rules of Conduct

The following is a list of illegal and prohibited uses of the Website, however it is not to be considered a complete list. Crispy Gamer reserves the right to make any additions or changes to this list, and will investigate any illegal or unauthorized use of the Website, its Content, or information of registered users. Violation of these Rules may result in appropriate legal action, including without limitation civil, criminal, and injunctive redress.

• Do not use the Website or its functions for any commercial purpose, including the distribution of advertising or solicitation of funds or goods or services, or to solicit users to join competitive online Services.
• Do not post any links or otherwise post material intended to direct users to any external Internet sites that are obscene or pornographic, or display material of any kind that is pornographic or sexually explicit.
• Do not use or launch any automated system such as a robot, spider, offline reader, site search and/or retrieval application, or other device that accesses the Website in a manner that sends repeated request messages to the server or attempts to retrieve or index any portion of the Website.
• Do not attempt to harvest or collect any personal information, including account names, from the Website, nor use any means of communication provided by the Website (forums, blogs, user comments, etc.) for any commercial solicitation purposes.
• Do not frame or reformat any portion of any page of this Website.
• Do not post information concerning restricted-access or hidden pages or images, or pages or images that are not explicitly linked to on the public Website.
• Do not submit any information you know to be false or misleading.
• Do not falsify or delete author attributions in any Content, or submit any Content that falsely implies that the Content has been endorsed by the Website and/or Crispy Gamer.
• Do not use the Website to transmit any contaminating or destructive items such as viruses, worms, defects, Trojan horses.
• Do not submit Content that violates the rights of others, including but not limited to plot spoilers or material that infringes on copyright, trademark, patent, or trade secret.
• Do not submit Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or promotes or encourages illegal activity.
• Do not engage in harassing behavior towards an individual or group with the intent of creating an offensive, intimidating, or hostile environment on the Website, with or without the use of explicit or implicit threats.
• Do not post the personal information including user information of any user or non-user anywhere.

Managing Content

Crispy Gamer is not responsible or liable in any manner for any User-submitted Content. While we reserve the right to delete, move, or edit any Content (including, without limitation, any User-submitted Content) that it deems in violation of these Terms of Use or is otherwise unacceptable, Crispy Gamer does not review all of User-submitted Content. You understand and agree that you may be exposed to offensive Content and that you waive your right to any damages (from any party) related to such exposure.

No Endorsement

Crispy Gamer does not represent or endorse the accuracy or reliability of any User-submitted Content; this Content solely represents the views of the user submitting it. You agree that any reliance upon Content shall be at your own risk.

Likewise, though the Website may contain links to sites on the Internet that are owned and operated by third parties ("External Sites"), Crispy Gamer is not responsible for the availability of or the content located on or through any of these External Sites. Please contact the webmaster or site administrator of those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Indemnity

You agree to indemnify, defend, and hold Crispy Gamer and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Crispy Gamer Parties") harmless from and against any and all claim, liability, losses, damages, costs, and expenses (including attorney's fees) incurred by any Crispy Gamer Party in connection with (i) any breach of this Agreement, or (ii) access to, use, or misuse of the Content or Website by you, or any person using your password, whether or not it was authorized by you. Crispy Gamer 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 Crispy Gamer' defense of such a claim.

Violations and Penalties

Any User-submitted Content that violates the Agreement will be removed from the site and additional penalties may be applied at the discretion of our moderators. User-submitted Content may be removed at the sole discretion of our editors and moderators at any time and for any reason. User accounts may be warned, suspended, or terminated at any time. Intentional, repeated, or severe violations are cause for banning your account or your ISP, and we reserve the right to contact your ISP concerning your activities. Crispy Gamer will terminate a user's account if the user is determined to be misusing the account or violating the rules explained herein, at any time, without prior notice, and at its sole discretion.

Member Disputes

You are solely and entirely responsible for your interactions with other registered users on the Website. Crispy Gamer reserves the right to monitor any disputes between you and other registered users, but is not obligated or responsible to these disputes in any way.

Account Termination Policy

Crispy Gamer reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your membership of the service at any time, for any reason, by contacting us. Once your membership terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your membership. Crispy Gamer 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 discussion areas), without prior notice or liability.

Contacting You

We may contact you via email, postal mail or mobile phone in order to provide you with information about the Service or your account or to provide you with information about special offers available only to Service providers. For privacy concerns regarding such communications, please refer to our Privacy Policy, located at http://www.crispygamer.com/privacy.policy/.

Copyright Policy

You may not post, distribute, perform, display, transmit, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact our copyright agent, identified below, with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that that you claim is infringing is located on the Website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of injury, that the above information in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on the copyright or trademark owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Digital Rights Manager
Crispy Gamer, Inc.
42 W24th Street, New York, NY. 10010
drmanager@crispygamer.com

Disclaimer of Warranties

NEITHER CRISPY GAMER NOR ANY PROVIDER OF THIRD-PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES CRISPY GAMER, ANY THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF CRISPY GAMER, THIRD-PARTY CONTENT PROVIDERS, OR THEIR RESPECTIVE AGENTS MAKES 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 CRISPY GAMER NOR ANY THIRD-PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION FROM 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. You specifically acknowledge that Crispy Gamer is not responsible or liable for any unauthorized access or alteration of your User-submitted Content, materials, data, or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive, or illegal Content, or for conduct of any other party or for any infringement of another's rights.

Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Service. Consult your physician prior to using the Service if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements, or convulsions) and discontinue use of the Service immediately if you experience any such symptoms.

Limitation of Liability

NEITHER CRISPY GAMER, 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 OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 CRISPY GAMER, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the united States or the country in which you reside.

Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of New York, without reference to the principles of choice of law. You and Crispy Gamer each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York, New York, the Borough of Manhattan (the "Courts") with respect to any action, suit or proceeding arising out of or relating to this Agreement or to the Service (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit, or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit, or proceeding in any other court other than the Courts. 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. If any provision of this Agreement is held invalid, illegal, or unenforceable in any respect, (1) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (2) the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (3) such decision shall not effect the validity, legality, or enforceability of such provision under other circumstances.