This Agreement (the "Agreement") governs your access and use of The Gamers’ Temple Forums and member only areas of the site (the “Service”). In consideration for your right to access and use the Service, you and The Gamers’ Temple agree as follows:
1. ACCEPTANCE OF TERMS
By clicking the "I Accept" button below, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 18 below.
2. THE GAMERS’ TEMPLE
The Gamers’ Temple is an online application, enabling individuals to join and participate in discussion groups. You understand and agree that the Service is provided "AS-IS" and that The Gamers’ Temple assumes no responsibility or liability for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.
3. REGISTRATION
To take advantage of the Service's full capabilities users must register with The Gamers’ Temple. You may register at http://www.gamerstemple.com/Membership/XUD.asp. If you choose to register, you agree that you will supply The Gamers’ Temple with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to The Gamers’ Temple during your use of the Service is governed by The Gamers’ Temple's privacy policy that can be viewed at www.gamerstemple.com/privacy.asp. During the registration process, you will be asked to select a password for your individual account. Your password will not work until you have validated your account by responding to the email you will receive following registration. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time. If you learn of any unauthorized use of your account or password, you agree to notify The Gamers’ Temple immediately.
4. CONTENT ACCESSIBLE ON THE SERVICE
The Gamers’ Temple Service contains a huge variety of information and other materials (the "Content") that users post. Please use caution and common sense when viewing The Gamers’ Temple Forums. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that The Gamers’ Temple is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will The Gamers’ Temple be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You acknowledge that The Gamers’ Temple does not pre-screen Content, but agree that The Gamers’ Temple shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, The Gamers’ Temple shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that The Gamers’ Temple believes is otherwise objectionable.
You acknowledge and agree that The Gamers’ Temple may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Gamers’ Temple, its users and the public.
5. LICENSE GRANTED TO THE GAMERS’ TEMPLE
The Gamers’ Temple.com does not claim any ownership rights in the text or any other materials (collectively, "Content") that you post to the The Gamers’ Temple Forums. After posting your Content to the The Gamers’ Temple Forums, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the The Gamers’ Temple Services, you hereby grant to GamersTemple.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the The Gamers’ Temple Services.
Without this license, GamersTemple.com would be unable to provide the The Gamers’ Temple Forums. The license you grant to GamersTemple.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to The Gamers’ Temple), fully-paid and royalty-free (meaning that The Gamers’ Temple is not required to pay you for the use on the The Gamers’ Temple Forums of the Content that you post), sublicensable (so that The Gamers’ Temple is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the The Gamers’ Temple Services), and worldwide (because the Internet and the The Gamers’ Temple Services are global in reach). This license will terminate at the time you remove your Content from the The Gamers’ Temple Services. The license does not grant The Gamers’ Temple the right to sell your Content, nor does the license grant The Gamers’ Temple the right to distribute your Content outside of The Gamers’ Temple and its sublicensees Services.
6. USER CONDUCT
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights
(c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, terrorism, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, a Gamers’ Temple official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or boards accessible through the Service;
(g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties;
(h) retransmit, re-broadcast or retrieve either though automated or repetitive manual means the Content stored in and/or managed by the Service.
(j) use the Service as a promotional tool, for excessive or inappropriate linking to third party sites, or as a search engine optimization tool.
If you do use the Service to commit any of the above, The Gamers’ Temple may, at its sole discretion, terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.
7. MEMBER DISPUTES
You are solely responsible for your interactions with other users of the Service. The Gamers’ Temple reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
8. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that The Gamers’ Temple may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that The Gamers’ Temple has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. MODIFICATION AND TERMINATION OF SERVICE
The Gamers’ Temple reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that The Gamers’ Temple shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that The Gamers’ Temple, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that The Gamers’ Temple shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the following:
(a) circumventing any The Gamers’ Temple banner display. Subscribers to our "no-ad banner option" are exempt from this requirement. All The Gamers’ Temple member boards must have a link to The Gamers’ Temple or its related directories.
(b) using in the registration of your The Gamers’ Temple membership an email account that is not your own or that is or becomes inactive.
(c) reproducing, distributing, republishing or retransmitting material posted by other The Gamers’ Temple members without the prior permission of such members.
The Gamers’ Temple reserves the right to take any action it deems necessary with respect to your The Gamers’ Temple or user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers.
10. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to other web sites and resources. Because The Gamers’ Temple has no control over such sites and resources, you acknowledge and agree that The Gamers’ Temple is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Gamers’ Temple shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GAMERS’ TEMPLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) THE GAMERS’ TEMPLE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY THE GAMERS’ TEMPLE.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GAMERS’ TEMPLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GAMERS’ TEMPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15. INDEMNITY
You agree to indemnify and hold The Gamers’ Temple, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
16. NOTICES
Notices to you may be made via either e-mail or regular mail. The Gamers’ Temple may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
17. LEGAL DISPUTES
This Agreement and your relationship with The Gamers’ Temple shall be governed by the laws of the State of California without regard to its conflict of law provisions.
18. MODIFICATION
We may amend this Agreement at any time by posting the amended terms on our site at this location. All amendments shall automatically be effective immediately upon posting on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of The Gamers’ Temple.
19. GENERAL
This Agreement constitutes the entire agreement between you and The Gamers’ Temple with respect to the Service and supersedes all prior agreements and understandings between you and The Gamers’ Temple. The Gamers’ Temple's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
