1. Using Our Sites, User Conduct, and Your Content
Eligibility: You may use our Sites only if you can form a binding contract with Electronic Game Show in compliance with the Agreement. In order to become a “Registered User” (by creating an account), Electronic Game Show requires an individual to be at least eighteen (18) years old and not have a previous account terminated by Electronic Game Show or otherwise have had his or her access to the Sites terminated by Electronic Game Show. It is a violation of the Agreement to provide false or misleading information to Electronic Game Show in connection with the creation of an account. If you would like to report an account registered for a minor, please email [email protected].
User Responsibilities: You are solely responsible for your use of our Sites, for any Content you submit to us, any interactions with other users, and for any consequences thereof. Content you submit will be viewable by other users of the Sites and through third party services and websites.
You should only provide Content that you are comfortable sharing with others under these Terms, and that does not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights.
Electronic Game Show reserves the right, but is not obligated, to reject and/or remove any Content in its sole discretion, including, but not limited to, violations of these Terms. Electronic Game Show reserves the right, but has no obligation, to monitor disputes between you and other users. Electronic Game Show shall have no liability for your interactions with other users, or for any user’s action or inaction.
User Conduct: In exchange for your being able to use the Sites, you agree to be bound by the following obligations:
- Even if you choose to create an anonymous account, you are still agreeing to all of these Terms.
- You may not: Use false information or an account owned or controlled by another person with the intent to mislead other users maliciously by impersonating that person or for any other reason; use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization or in violation of these Terms; or otherwise submit false or misleading information to the Company.
- No Changes to the Software/Prohibited Uses.
You may not and may not allow any third party to:
- modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Sites or any portion of any website on which the Services are offered (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
- use the Sites in any manner that could damage, disable, overburden, or impair the Sites or another user’s use of the Sites;
- remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices”) contained in or on the Sites or any website on which the Service is offered, Company code embeddable or embedded on a third party web site, and/or Company software;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company; or
- use the Sites or Services to violate the security of any computer network or transfer or store illegal material.
- Usage Rules.
You agree that your use of and conduct on the Sites (including any commenting feature), and your Content shall be lawful and will not:
- violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
- be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
- create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
- trick, defraud or mislead the Company or other users, especially in any attempt to learn sensitive account information such as passwords;
- make improper use of the Company’s support services or submit false reports of abuse or misconduct;
- engage in promoting any pyramid schemes or other multi-tiered marketing schemes or engage in promoting any websites or services that are deemed spam, malware, or contain objectionable material in the Company’s sole discretion;
- create or transmit unwanted electronic communications such as “spam,” to other users or members of the Sites or otherwise interfere with other users’ or members’ enjoyment of the Sites;
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices;
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Sites;
- except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
- cover or obscure any notice, banner, advertisement or other branding on the Sites;
- disguise the source of your Content or other information you submit to the Sites;
- interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Sites or Content;
- You agree that you shall be responsible for any consequences (including a responsibility to indemnify the Company for damages it may suffer) arising in the event that any use of and conduct on the Service (including any commenting feature), and your Content:
- includes any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- includes profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
- defames, libels, ridicules, mocks, disparages, threatens, harasses, intimidates or abuses anyone;
- promotes violence or describes how to perform a violent act;
- reveals any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- attempts to impersonate any other party;
- or uses tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Sites;
- The Company does not control or endorse the content, messages or information found in Content or external sites that may be linked to from such Content and, therefore, the Company specifically disclaims any responsibility with regard thereto.
- The Sites may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
2. Licensing Agreements
User License: You retain your rights to any Content you submit to or through the Sites. By posting any Content on the Sites, however, you expressly grant, and you represent and warrant that you have all rights necessary to and do grant, to Electronic Game Show a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Sites and Electronic Game Show’s (and its successors, assignees, or affiliates) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats, whether now known or hereafter developed, and through any media channels or search engines for commercial and noncommercial purposes alike. You also hereby grant each user of the Sites a non-exclusive license to access your Content through the Sites, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Sites and under these Terms. Any material you transmit to the Company or otherwise through the Sites will be treated as non-confidential and non-proprietary.
Such additional uses by Electronic Game Show, or other companies, organizations or individuals who partner with or use Electronic Game Show, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Sites. We may add or insert affiliate and partner code into Content that you submit. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies.
Site License: All right, title, and interest in and to the Sites (excluding Content provided by users) shall remain the exclusive property of Electronic Game Show and its licensors. The Sites are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Electronic Game Show name or any of the Electronic Game Show website names, trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, ideas or suggestions you may provide regarding the Sites, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Subject to your acceptance of these Terms, Electronic Game Show grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Sites for your personal, noncommercial (i.e. you may not use the Sites to provide or serve or permit others to provide or serve ads or contests or sweepstakes) use only and as permitted by the features of the Sites. Electronic Game Show reserves all rights not expressly granted herein in the Sites and the Electronic Game Show Content. Electronic Game Show reserves the right to terminate your license to use the Sites at any time and for any reason or in the future to charge for commercial usage.
As part of the Service, we may include advertisements and/or content provided by Electronic Game Show and/or a third party, which may be targeted to the Content or information on the Sites, queries made through the Sites, or other information. The types and extent of advertising by Electronic Game Show on the Sites are subject to change. In consideration for Electronic Game Show granting you access to and use of the Sites, you agree that Electronic Game Show and its third party providers and partners may place such advertising on the Sites or in connection with the display of Content or information from the Sites whether submitted by you or others.
4. Third-Party Links Disclaimer
5. Copyright Policy
If Electronic Game Show receives notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Sites, we reserve the right to remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by U.S. mail) that sets forth the items specified below.
In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please call us at 212-655-9524 to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers! To enable us to address your concerns, please provide the following information:
- For each allegedly infringing image, video, music, or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
- Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
- For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image, video, music, or piece of text: Proof of copyright in the image, video, music, or piece of text concerned, namely proof of registration; OR, absent such registration, a detailed description and evidence to support your claim that you own the copyright in the image, video, music, or piece of text. We will not comply with requests to remove an image, video, music, or piece of text where the complainant cannot prove that they own the copyright in the Content in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the Electronic Game Show site(s).