1. The Site and the Service.
1.1. The Site and the Service is provided by Onefctv on an “AS IS”, “AS AVAILABLE” basis subject to the terms, conditions, provisions, and restrictions contained in the Onefctv Terms of Service for your private personal use only. Any other use or attempt to use the Service for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited. Unless explicitly stated otherwise, any new features that augment or enhance the current Site or Service, shall be subject to the Onefctv Terms of Service.
1.2. The information on the Site and contained within the Service, including without limitation the look and feel of the Site and all design, text, images, trademarks, tradenames, logos, press releases and other information, advertised, presented, or discussed on the Site or contained within the Service, is protected under United States and other copyright laws and is owned by Onefctv or used under license from the owner of the intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to the Site and the Service, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by Game Informer. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Game Informer’s prior written consent. Game Informer’s trademarks, tradenames, logos, images, and, service marks used on this Site are the property of Game Informer and may not be used without prior written permission from Game Informer, and then only with proper acknowledgment.
2. Age of Users: Children Under 13
You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this User Agreement, and to abide by and comply with them. Please note that the Site and the Service are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to Game Informer’s attention through reliable means that a User is a child under 13 years of age, Onefctv will cancel that User’s account.
3. Terms of registration and use of the site and the service
3.1. by using the site and/or completing the online registration form and by checking the appropriate box indicating agreement to be bound by this user agreement (thereby registering for the service), you certify that you have read and agree to be bound by this user agreement.
3.2. you will be bound by this user agreement, and this user agreement will remain in full force and effect while you use the site or the service and/or are a registered user of the service. You may terminate your membership at any time, and for any reason by following the instructions in the customer service section of the site.
3.3. you agree to be responsible for your use of the site and the service (as well as for use of your account by others, whether or not such use is with your authorization, including without limitation any minors) and to comply with your responsibilities and obligations.
3.4. When and if you complete the online registration form for the Service, you agree to provide accurate, current, and complete information about yourself (the “Personal Data”), and to maintain and update your Personal Data to keep accurate, current, and complete. You agree that Onefctv shall have no obligation to verify the Personal Data and that Onefctv may rely on your Personal Data as accurate, current, and complete. You agree that if your Personal Data is untrue, inaccurate, not current, or incomplete in any respect, that Onefctv shall have the right, without obligation, to terminate your account immediately upon notice to you. You agree that Onefctv may index and publish or display any Information that you transmit, upload, or post to the Site or the Service, including any profile information provided by you or your public postings on or to the Site or the Service.
3.5. As part of the registration process, you will be asked to select a username and password. Onefctv reserves the right to refuse to grant any username that impersonates the name of another User or any third party, that may be illegal, that may be or is protected by copyright, trademark, or other intellectual property or proprietary rights law is vulgar or otherwise offensive or may cause confusion as Onefctv may determine in its sole discretion. You are solely responsible to maintain the confidentiality of your username and password and to monitor and police the use thereof, and for any and all activities that are conducted using such username and password, and agree not to transfer or resell your username, password, or use of or access to the Service to any third party.
3.6. Subject to the terms, conditions, provisions, and restrictions contained within this User Agreement, Game Informer grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and display the Site and the Service. You may not translate, reverse engineer, reverse compile, decompile, disassemble or make derivative works from the Site or the Service. You may not modify the Site or the Service in any manner or form, or use it in any way, which is not expressly authorized in this User Agreement. You acknowledge that Onefctv owns all right, title, interest, and intellectual property rights in and to the Site and the Service.
3.7. Onefctv reserves the right to delete or cancel any User account at any time, without prior notice, for any reason or no reason, including without limitation, for conduct that violates local, state or federal laws or regulations, this User Agreement or the Onefctv Terms of Service, or material that Onefctv, in its sole discretion believes is vulgar, obscene, harmful to others, harmful to the business of Game Informer, or harmful to other third parties.
4. User Conduct.
4.1. You understand that all information, data, text, files, links, software, chat, content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (“Information”), whether publicly or privately transmitted, are the sole responsibility of the User or party from which such information originated. This means that you are responsible and may be held legally liable for all Information that you upload, post, or otherwise transmit via the Site or the Service. For example, and without limitation, you shall not:
(1) transmit, upload, or post via the Site or the Service any information that is offensive, vulgar, sexually explicit, racial, hateful, discriminating, unlawful, invasive of another’s privacy, exploitation of minor, identifiable information of a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libelous, tortious, obscene, or otherwise objectionable;
(2) publish any falsehoods or misrepresentations that may affect Onefctv or any third party;
(3) harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another;
(4) transmit upload or post via the Site or the Service any Information that you do not have a right to transmit under any law, including but not limited to Information that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right;
(5) transmit, upload or post any Information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or network equipment;
(6) disrupt the normal flow of information available on or through the Site or the Service or otherwise act in a manner that negatively affects other Users,
(7) transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of the Site or the Service or Onefctv’s servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service or Onefctv’s servers, networks, directories, databases and/or listings;
(8) transmit, upload or post any unsolicited advertising, promotional materials, or any other forms of solicitation;
(9) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
(10) translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, exploit, reproduce, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose of the Site or the Service, use of the Site or the Service, or access to the Site or the Service or any part thereof;
(11) impersonate in any way, including but not limited to, by way of forging headers, or otherwise manipulate identifiers, any person, entity, Onefctv official, operator, or host;
(12) collect or store personal data about other Users in any way or form or solicit or harvest passwords or screen names;
(13) use your allocated web space (if any) on the Site or the Service as storage for remote loading of Information, or rent, sub-lease or transfer your allocated space on the Site or the Service to any third party;
(14) link your allocated space on the Site or the Service to Information not allowed on the Site or the Service under this User Agreement or the Onefctv Terms of Site or the Service;
(15) transmit “junk mail,” “spam,” “chain letters”, or unsolicited mass distribution of email;
(16) post your e-mail address, phone number(s), or other personal contact information anywhere within the Site or the Service (other than during the online registration process);
(17) express or imply that any statements you make are endorsed by Onefctv;
(18) remove any copyright, trademarks, or other confidentiality or proprietary or intellectual property rights legends contained within the Site or the Service or on materials printed out or otherwise reproduced in connection with your use of the Site or the Service (consistent with the Onefctv Terms of Site or the Service and this User Agreement); orp>
(19) “frame” or “mirror” any part of the Site or the Service or the Site without Game Informer’s express written permission. Onefctv reserves the right to disable any account of any User who violates this Section 4.1.
4.2. Onefctv does not control, monitor or review the Information uploaded, posted, transmitted or made available on or through the Site or the Service and, as such, shall not be responsible for any Information and does not guarantee the accuracy, integrity, or quality of such Information. You understand that by using the Site and/or the Service, you may be exposed to Information that is offensive, indecent, or objectionable.
4.3. You are solely responsible for your interactions with other Users. Onefctv has the right, without obligation, to monitor disputes between you and other Users.
4.4. Furthermore, you agree not to use or launch any automated system, such as “robots,” “spiders,” “offline readers,” and the like, that might cause access to the Site or the Service in a way that would deliver more messages to the server(s) of the Site in a certain period of time than a person can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Game Informer grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Onefctv reserves the right, generally or specifically, to revoke these exceptions. You agree not to collect or harvest any personally identifiable information, including account names, from the Site or the Service, nor to use the communication systems provided by the Site or the Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Site or the Service with respect to Information transmitted, uploaded, posted or submitted by them to the Site or the Service.
4.5. Site feeds in the RSS format are provided free of charge for use by individuals for personal, non-commercial uses. Attribution to the Site must be provided in connection with your use of the feeds. If you provide this attribution with a graphic, please use the Onefctv logos and trademarks (“Marks”) that Onefctv has included in the feed itself. Onefctv reserves all rights in and to the Marks, and your right to use the Marks is limited to providing attribution in connection with these RSS feeds. By using the Game Informer RSS news feed, you agree to be bound by this User Agreement. Onefctv reserves the right to cease offering these RSS feeds at any time or require you to cease distributing these RSS feeds at any time for any reason.
5. Information Posted or Transmitted via the Service.
5.1. By transmitting, uploading, posting or submitting any information via the Site or the Service you (a) declare such Information is not confidential, secret or proprietary information belonging to a third party; (b) warrant that no other party has rights to the Information (including privacy and publicity rights) and that your transmission, posting, uploading or submission of the Information via the Site or the Service does not violate any copyright or other laws; and (c) irrevocably grant Game Informer, a worldwide, sublicensable, transferable, royalty-free, non-exclusive, perpetual, and worldwide license to use, display, perform, distribute, modify, reproduce, create derivative works from (as that term is defined by United States copyright laws), and publish the Information in any form or medium anywhere, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each visitor to the Site a non-exclusive license to access Information through the Site or the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Information as permitted through the functionality of the Site or the Service and under this User Agreement.
5.2. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Information available on or through the Site or the Service. Game Informer may, but shall not be obligated to monitor or review the Information Users, or other parties, post, upload or transmit via the Site or the Service; provided, however, that Onefctv reserves the right (but shall have no obligation), in its sole discretion, to refuse or remove any Information available on or through the Site or the Service. Without limiting the foregoing, Onefctv shall have the right to remove any Information that violates this User Agreement or the Onefctv Terms of Service or are otherwise objectionable in Game Informer’s sole discretion
5.3. Onefctv may establish general practices and limits concerning your use of the Site or the Service and its features, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Site or the Service, the maximum disk space that will be allotted on Onefctv servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site or the Service in a given period of time. You agree that Onefctv has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained by or transmitted to the Site or the Service. You acknowledge that Onefctv reserves the right to log off and remove accounts that are inactive for an extended period of time. You further acknowledge that Onefctv reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5.4. THE INFORMATION AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING OR USING THE SITE OR THE SERVICE YOU UNDERTAKE FULL RESPONSIBILITY TO: (A) DETERMINE WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS; (B) DETERMINE WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE, DISTRIBUTE, MODIFY, OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU; (C) COMPLY WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, DEFAMATION, INDECENCY, ONLINE CONDUCT AND ACCEPTABLE CONTENT, PRIVACY, AND EXPORT LAWS.
6. Third Party Links
The Site or the Service may include links to third party Web sites. These links allow you to exit the Site or the Service and enter such third party Web sites. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by Game Informer and Game Informer is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply Onefctv’s sponsorship or endorsement of the linked site. In no event shall Onefctv be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties’ Web sites or the Information, advertising, products, resources or material accessed through these websites. Onefctv reserves the exclusive right and sole discretion to add, decline, or remove, without warning, any icon or link to a list or Web site from the Site or the Service.
7. Advertising on the Site or the Service
Onefctv and / or its business partners or affiliates may run advertisements and promotions within the Site or the Service. By registering for and using the Site or the Service, you agree that Onefctv and / or its business partners and affiliates have the right, in Game Informer’s sole discretion, to run such advertisements and promotions. These advertisements and promotions may include, but shall not be limited to, banners, advertisements, and pop-up texts. As between you and Game Informer, Onefctv shall own all advertising inventory included in, or used in connection with the Site or the Service. Onefctv reserves the right to change, alter, modify, delete sections, or take any other action necessary in order to place advertisements in the Site or the Service. The manner, mode and extent of advertising throughout the Site or the Service is subject to change without notice.
8.1. you expressly agree that your use of the site and the service is at your own risk and peril. No warranty, representation, condition, undertaking or term – express or implied, statutory or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of the site and/or the service is given or assumed by game informer; all such warranties, representations, conditions, undertakings and terms are hereby expressly excluded. Onefctv makes no warranty that the site and/or the service will meet your requirements, or that the site and/or the service will be uninterrupted, timely, secure, or error-free
8.2. Onefctvmakes no representations as to the suitability of the information available on or through the site or the service, for any purpose, nor about their legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currentness. The information available on or through the site and the service is not reviewed, controlled, or examined by Onefctv in any way before it appears on the site or the service. Onefctv does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their information and may be held legally liable or accountable for such contents (including, without limitation, in connection with infringement of intellectual property rights of any other party).
8.3. Onefctv does not warrant or guarantee: 1) that any information available on or through the site or the service will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; 2) that the information available on or through the site or the service will not contain adult-oriented material, or material which some individuals may deem objectionable; 3) that the functions or services performed by Onefctv will be uninterrupted or error-free or that defects in the site and/or the service will be corrected; or 4) that the site or the service will achieve any particular result. It is the sole responsibility of each user to isolate software and information, execute anti-virus, anti-malware and other anti-contamination software, and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage such user’s information, data, or system.
9. Limitations of liability; indemnity
9.1. in no event shall game informer be liable to any party for any damages including without limitation, any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for business interruption, loss of programs, data, or information, loss of profits or savings and the like), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilize or improper use of the site or the service, even if game informer shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you, but shall apply, in any event, to the maximum extent possible.
9.2. in no event shall game informer be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the site or the service, the information or the transmission or delivery of all or any part thereof, for any damages arising therefrom or occasioned thereby, or for the results obtained from the use of information available on or through the site or the service.
9.3. you expressly agree that Onefctv shall not be responsible or liable for any loss of data, nor is it required to return any data, resulting from the suspension or deletion of the site or the service (or any part thereof), network or system outages, file corruption or any other reasons.
9.4. you expressly agree that game informer shall not be liable for any conduct by other users of the site or the service, or any other third parties with whom you may communicate using the site or the service, including but not limited to communications, information provided, or actions incident to or in connection with your communications with such user(s) or third parties.
9.5. you expressly agree to indemnify and hold Onefctv, and its subsidiaries, affiliates, agents, co-branders or other partners, and employees, officers, and directors of any of them, harmless from any claim, action, or demand, including reasonable attorneys’ and experts’ fees, made by or awarded to any third party due to or arising out of your information, your use of or connection to the site or the service, your violation of this user agreement or the Onefctv terms of service, or your violation of any rights of any other user or another third party.
10. Notice of copyright issues
If you are a copyright owner or an agent thereof and believe that any Information submitted by any User or other Site content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Onefctv’s designated Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail: Copyright Agent/Legal Department
c/o Game Informer Magazine
724 North 1st Street 4th Floor
Minneapolis, MN 55401
Phone: (612) 486-6100 Fax: (612) 486-6101
By email: [email protected]
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Game Informer customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your submitted or posted User Information that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Information, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Minneapolis, Minnesota, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Onefctv will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Onefctv’s sole discretion.
11.1. Onefctv reserves the right in its the sole discretion to (A) make improvements, corrections, adaptations, conversions, deletions, suspensions and/or any other change in the Site or the Service, or any part thereof, and/or to a revised or new User Agreement or Onefctv Terms of Service; (B) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, the Site or the Service or any part thereof, to all Users or any number thereof including without limitation, the use of or access to the Service, granted to you or to any other User, at any time, without notice, for any reason or no reason; (C) refrain from publishing on the Site or the Service and delete or remove from the Site or the Service, in its sole discretion, any page or Information or material provided for display, posted, uploaded or transmitted by any User or any part thereof; or (D) establish a new operating and usage policy for the Site or the Service and change it at any time for any reason or no reason.
11.2. You acknowledge and agree that Onefctv may transmit store, or display any Information and may also disclose such information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with laws or legal proceedings; (b) enforce the terms, conditions, provisions, or restrictions contained in this User Agreement or in the Game Informer Terms of Service; (c) respond to claims that any Information violates the rights of Users or other third-parties; or (d) protect the rights, property, or personal safety of Onefctv, its Users, or other third parties.
11.3. GameInformer may change from time to time, in its sole discretion, and without prior notice to you or any User, the Onefctv Terms of Service including this User Agreement. You may review the current Onefctv Terms of Service, including the current User Agreement, here at any time. Any changes to the Game Informer Terms of Service or this User Agreement shall become effective 3 days after the “last updated” date at the beginning of the respective Onefctv Terms of Service or User Agreement — please review these documents periodically to familiarize yourself with the most current version.
11.4. In case of contradiction between any provision of the Onefctv Terms of Service and any provision of this User Agreement, the provision of this User Agreement shall prevail, unless the provision of the Onefctv Terms of Service reflects narrower responsibility on behalf of Onefctv than the relevant provision of this User Agreement. In case of contradiction between any provision of this User Agreement and any provision of any Onefctv-provided document accessible through the Service or the Site, the provision of this User Agreement shall prevail, unless the provision of such other document(s) reflect narrower responsibility on behalf of Game Informer than the relevant provision of this User Agreement.
11.5. Content and software associated with the Service and/or the Site is further subject to United States export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11.6. If there is any dispute about or involving the Service or the Site, by using the Service, you agree that such dispute shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. In addition, this User Agreement will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA), even if that law has been adopted in Minnesota and the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. You agree to personal jurisdiction and exclusive venue with respect to any such dispute in the state and federal courts in Minnesota.
11.7. The User Agreement and the Onefctv Terms of Service contain the entire agreement between you and Onefctv regarding the use of the Site and/or the Service. If any provision of this User Agreement or the Onefctv Terms of Service is held invalid, the remainder of this User Agreement and the Onefctv Terms of Service shall continue in full force and effect.
11.8. Any reference made in this document to Onefctv shall be deemed to have been made to Onefctv, its subsidiaries, successors, assignees, affiliates as well as any company that controls Game Informer, directly or indirectly, and any other subsidiary of that controlling company.