CODE OF CONDUCT
Please read this Code of Conduct (the "Code") carefully before using any of GameTap's community features, including without limitation any chat, challenge, message boards, or instant messaging services offered within the GameTap subscription service. By using GameTap's community features, you signify your agreement with the Code. If you do not agree with any aspect of the Code, do not use GameTap's community features. TGN reserves the right, in its sole discretion, to modify, alter or otherwise update the Code at any time. Changes and/or modifications shall become effective immediately upon the posting on the GameTap Website, www.gametap.com (the "Site"), or within the GameTap subscription service. Please review this Code periodically. Your continued use of GameTap's community features following the posting of changes and/or modifications will constitute your acceptance of the Code. 1. Community Conduct. You agree not to use the Site, or the GameTap subscription service, including the community features, (collectively, the "Service") in any way that violates the rights of others (including, but not limited to, copyrights and other intellectual property rights, and rights of privacy and publicity), or in any way that may give rise to liability for TGN, its affiliates, or their respective directors, officers, employees, agents, service providers, suppliers or licensors, including, without limitation, by creating, displaying or transmitting on or through the Service any content that may violate such rights of others or that may give rise to such liability.
(a) The following are examples of the types of content or use that are prohibited under the Code:
(b) Any access to, or use of, the Service or the computer systems used to provide the Service that is not in accordance with the express provisions of the Code is expressly unauthorized and prohibited.
(c) You must use the Service in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Service are not permitted.
(d) You may not engage in advertising to, or solicitation of, other members through the Service or the Site to buy or sell any products or services. You may not include in your user profile any telephone numbers or street addresses. Although TGN cannot monitor the conduct of its members off the Service, in order to protect our members from unwarranted advertising or solicitation, TGN reserves the right to restrict the number of messages which a member may send to other members in any 24-hour period to a number which TGN deems appropriate in its sole discretion.
(e) Subject to GameTap's privacy policy, you understand and agree that TGN has the right at all times to disclose the identity of the persons providing information or materials on the Services. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
(f) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TGN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service or the Site.
(g) It is possible that other registered members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. TGN does not approve of such unauthorized uses but by using the Service you acknowledge and agree that TGN is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post or display on the Service.
(h) TGN reserves the right, but has no obligation, to monitor communications and any disputes between you and other members, to remove or edit any material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of the Code, or to terminate community privileges in appropriate circumstances. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE MESSAGES TO OTHER INDIVIDUALS ON THE SERVICE. If you would like to report conduct you believe is in violation of the Code, email community@gametap.com. Keep in mind that reporting conduct as a violation does not mean it constitutes a violation, or that GameTap must or will take any action against such conduct or the user engaging in such conduct. In the event GameTap does take action against any reported conduct, it has no obligation to inform the person or persons reporting such conduct. Finally, it is a violation of the Code to knowingly make a false report against another user, or to use the reporting process to harass or intimidate a user, or to encourage others to do so.
2. User Content. You are responsible for any content, messages, opinions, ideas, photos, images, videos, profiles or other information that you create, transmit or display on or through the Service (collectively, "User Content"). By transmitting or displaying User Content on or through the Service, you grant TGN an irrevocable, perpetual, non-exclusive, worldwide right and license to use, reproduce, publicly perform, publicly display, distribute copies and create derivative works of the User Content in any media now known or hereafter devised, and to grant and authorize sublicenses under the foregoing right and license without any compensation to you. You represent and warrant that you own all copyrights and other intellectual property rights in the User Content, or otherwise have the right to grant the foregoing right and license. You agree that TGN may review, edit and delete any User Content which, in the sole judgment of TGN, violates this Agreement.
3. Creative Submissions/Communications. TGN does not accept or consider creative ideas, suggestions or materials other than those TGN has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by TGN or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit through the Service by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain the property of TGN. None of the Information shall be subject to any obligation on the part of TGN and TGN shall not be liable for any use or disclosure of any Information. TGN shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
4. Privacy. Use of the Site and/or the Service is governed by our Privacy Policy which can be located at the home page of www.gametap.com or within the My Account section of the Service. Messages sent between you and other registered members that are not readily accessible to the general public may not be considered confidential and will be treated as private by TGN only to the extent required by applicable law (if at all).
5. Limitation on Liability. TGN is not responsible for any incorrect or inaccurate Content transmitted via the Service, whether caused by users or members or by any of the equipment or programming associated with or utilized in the Service. TGN is not responsible for the conduct, whether online or offline, of any user of the Service. TGN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. TGN is not responsible for any problems or technical malfunction of any telephone, cable or broadband lines, computer systems or software, servers or providers, computer equipment, failure of email, instant messaging services, or players on account of technical problems or traffic congestion on the Internet, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will TGN be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of or the Service, any Content transmitted to members, or any interactions between users of the Service, whether online or offline. TGN cannot guarantee and does not promise any specific results from use of Service. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER TGN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICE, EVEN IF TGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6. U.S. Export Controls. Software from this Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported into (or to a national or resident of) any country (whether recognized or not) to which the U.S. has embargoed goods; or 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 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.
7. Digital Millennium Copyright Act. TGN respects the rights of all copyright holders and in this regard, TGN has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TGN's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: * 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 copyright 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 us to locate the material; * Information reasonably sufficient to permit us to contact the complaining party; * A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact: L. Tsiantis 1050 Techwood Drive Atlanta, Georgia 30318 Phone: (404) 575-5125 Fax: (404) 885-0600 Email: gametapcopyrightagent@turner.com © 2006 TGN, Inc. All Rights Reserved.
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