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Gamestar Mechanic - Terms of Service
Welcome to Gamestar Mechanic (the "Site"). This Site is owned and operated by E-Line Media, a company with offices at 363 7th Avenue, 20th Floor, New York, NY, 10001. If you have any questions relating to this Site, they can be sent to the attention of our Customer Service department at this address. You can also contact us by email at support@gamestarmechanic.com. The terms "Gamestar Mechanic", "us", or "we" refers to the owners of the website, E-Line Media, and its successors and assigns. The term "you" refers to the user or viewer of our Site. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SITE AND PLEASE PRINT A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS. By using our Site or by clicking a box that states that you accept these terms, you signify your agreement to these terms of service. If you do not agree to these terms of service, you may not use the Site. These Terms of Service (“Terms”) are effective as of January 1, 2010. These Terms apply to the version of Gamestar Mechanic that is open to registration and use by members of the general public. We also make private “realms” of the service available to certain organizations or groups, and users in these realms – and the organizations or groups operating them – may be subject to Terms that differ from these. Users within these realms should contact their Realm Administrator for more information. These Terms apply to all users of this Site, and your use of this Site and your use of any account you create at the Site ("Account") are subject to these Terms of Service. Users who subscribe to a paid version of Gamestar Mechanic (“Subscribers”) are also subject to the Subscriber Agreement. We may update these Terms from time to time. Your use of this Site or your Account after we post any changes to these Terms constitutes your agreement to those changes. Gamestar Mechanic may, in its sole discretion, elect to warn you if you have been found in violation of these Terms, however it retains the right and may at any time, discontinue or modify this Site or any part thereof, or may discontinue or modify your use of this Site or your Account, with or without notice to you at any time. You agree that you do not have any rights in this Site and that Gamestar Mechanic will have no liability to you if this Site is modified, discontinued or your ability to access it is terminated. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S USE AND REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT TO THEIR USE OF THE SITE. Gamestar Mechanic Content On certain areas of our Site you will be allowed to create an Account and through that Account or otherwise you may be able to communicate with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including through the posting of online games) and other materials and content ("User Content"). Your posting of User Content is subject to these Terms and the following posting rules ("Posting Rules"). Users found in violation of these Posting Rules or the Terms may have their Accounts terminated by Gamestar Mechanic, or may otherwise have their access to the Site restricted by Gamestar Mechanic. Posting Rules No Illegal, Infringing or Abusive Message Content or Conduct: You understand and acknowledge that you are responsible for your User Content, and agree not to post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to Gamestar Mechanic about other users. No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Gamestar Mechanic or other users of Gamestar Mechanic. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party. No Commercial Use: This Site is intended to allow information exchanges, and for users to express their opinions. Therefore, you agree that unless specifically permitted by Gamestar Mechanic, you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. In addition, you agree to not commercialize any of the User Content that is created on our Site unless expressly authorized by us in writing. No Viruses, Corrupting Files, Interference, or Cheat Software: You agree that you will not post any software, files or links to other sites except as may be specifically permitted by Gamestar Mechanic, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You agree that you will not engage in any activity that deliberately impedes, interferes with or otherwise interrupts the normal functioning and performance of the Site. You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at this Site or elsewhere, nor will you use any software or technology product, such as “robots” or “spiders” or other means to cheat in online games at the Site or otherwise engage in fraudulent activity such as "click fraud." Account Information: You may not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful. Responsibility of Postings: You understand and acknowledge that User Content is solely your responsibility, and that Gamestar Mechanic is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Gamestar Mechanic, and Gamestar Mechanic does not endorse and has no control over User Content. User Content is not necessarily reviewed by Gamestar Mechanic prior to posting and Gamestar Mechanic makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content. No Monitoring/Violation Notices: Notwithstanding the foregoing, Gamestar Mechanic does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Posting Rules or otherwise violates these Terms, please notify us by email at support@gamestarmechanic.com or by using the “Report Abuse” feature found throughout the Site. Account Termination/No Ownership of Account: You understand and agree that you have no ownership rights in your Account. Gamestar Mechanic may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if Gamestar Mechanic deems that you have violated these Posting Rules, the Terms, the law, or for any other reason. Gamestar Mechanic assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account. No Confidentiality: The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Gamestar Mechanic may be used by Gamestar Mechanic anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License described in Ownership of Posted Content and License Thereto, below. For more details on the rules governing what content should be posted to the site, please see the RULES OF CONDUCT. Ownership of Posted Content and License Thereto The entire content of the Site, including but not limited to text, graphics and code, is the sole property of Gamestar Mechanic. ALL RIGHTS RESERVED. All trademarks, service marks and trade names of Gamestar Mechanic used on the Site are trademarks or registered trademarks of Gamestar Mechanic in the United States and / or other countries. They may not be used without our prior express written permission. All other trademarks that may appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us. Any User Content that you post to the Site is also wholly-owned by Gamestar Mechanic. We grant you a non-commercial, non-exclusive license to the User Content to be used in any way you choose, subject to these Terms and the license described herein ("User Content License"). Gamestar Mechanic may delete any User Content that in the sole judgment of Gamestar Mechanic violates these Terms or the Posting Rules. Scope of License: By displaying, publishing, or otherwise posting any User Content on or through the Site, we hereby grant to you a limited, non-exclusive, non-commercial, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. This license will terminate at the time you remove your User Content from the Site. Representations: You represent and warrant that we own the User Content displayed, published or posted by you on the Site and that you accept the grant of the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, or display any User Content appearing on this Site. Indemnification You agree to indemnify and hold Gamestar Mechanic, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms, including the Posting Rules, or any violations thereof by your dependents. Privacy/Children Please read our PRIVACY POLICY for more information about our information collection and use practices and the usage of our site by children. Third Party Websites This Site may hyperlink to sites not maintained or related to Gamestar Mechanic. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this web site or Gamestar Mechanic, and Gamestar Mechanic makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and Gamestar Mechanic has no control over how your information is collected, used, or otherwise handled. Representations and Limitations of Liability Gamestar Mechanic makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Gamestar Mechanic makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GAMESTAR MECHANIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL GAMESTAR MECHANIC BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND GAMESTAR MECHANICS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITES RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL GAMESTAR MECHANIC'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Miscellaneous Both you and Gamestar Mechanic acknowledge and agree that no partnership is formed and neither of you nor Gamestar Mechanic has the power or the authority to obligate or bind the other. This Agreement will be governed by and construed in accordance with the internal laws of the State of New York. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. These Terms constitute a binding agreement between you and Gamestar Mechanic, and is accepted by you upon your use of the Site or your Account. These Terms constitutes the entire agreement between you and Gamestar Mechanic regarding the use of the Site and your Account. How to contact us If you have questions or concerns regarding these Terms of Service, you can contact us via email at support@gamestarmechanic.com or at Gamestar Mechanic c/o E-Line Media 363 7th Ave, 20th Floor New York, NY 10001 Tel. 212.534.3275