- “You” or “your” is defined as any user that may access or view the Website and or post content on the Website, after creating an account.
- com reserves the right, in its discretion, to change or modify any portion of the Terms at any time. Your use of the Website constitutes your acceptance of these terms and conditions, including any changes or modifications made by the Website as permitted above. By using the Website it you are on notice to review this Agreement periodically to ensure familiarity with the most current version.
- If at any time the Terms are no longer acceptable to you, you should immediately cease all use of the Website. It is your responsibility to refer to these Terms on accessing the Service.
- Users accessing the Website have the option to create a user account. As part of the registration process you must select a username or password. You are responsible for remembering your username or password. Should you use a name that impersonates another or is vulgar, offensive or inappropriate, as determined by thw Website, you will be asked to create an account with an appropriate user name.
- You acknowledge that the Website contains information, software, articles, reviews, photographs, audio content, video clips, graphics, links, logos, trademarks, applications, software and other material (hereinafter “Content”) that are protected by copyright, trademark or other proprietary rights of Gamelust and third parties.
- Except as provided herein, all Content on the Website is the sole intellectual property owned by Gamelust. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service.
- Users of the Website may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members (defined below) and are not permitted to use the Service for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Website.
- Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content of the Website, in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Website and/or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
- You may post on the Service only content owned by you (such as your original statements or video clips) and content for which you have received express written permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any material is in the public domain.
- You hereby grant, transfer and assign to Gamelust and its successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Website) to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).
- You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
- You are solely responsible for all material you post. Gamelust has no obligation to pre-screen or monitor the material you post, however we reserve the right to edit or remove any content or material, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of www.gamelust.com, its users and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.
- We reserve the right, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, edit or remove any Material for any reason;
- Refuse, move, edit or remove any Content that is available on our sites;
- Deactivate or delete your account(s) and all related information and files in your account(s); and
- Establish general practices and limits concerning use of our sites and Services.
- You agree that Gamelust will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services.
- Post on the Service any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
Reformat or frame any portion of any web page that is part of the Service;
Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Submit any Material that falsely implies sponsorship of that Material by the Service and/or Gamelust, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service;
Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, and unlawful or promotes or encourages illegal activity;
Harvest or collect email addresses or other contact information of other users by electronic or other means. The above is not a complete list of illegal and/or prohibited uses of the Service.
- Use of the Website is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Service.
- As per the Federal Trade Commission Guidelines you are on notice that GAMELUST MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICE. THIS MEANS GAMELUST MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
- The Website may contain links to sites on the Internet which are owned and operated by third parties (hereinafter “External Sites”). You acknowledge that Gamelust is not responsible for the availability of, or the content located on or through, any External Site. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
- Typically, we do not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
- Please note that we allow certain manufacturers to license, use and/or reprint the Gamelust trademark, logo, or a review in whole or in part, in its own marketing materials and advertisements in exchange for a license fee.
- You agree to indemnify, defend and hold Gamelust and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by Gamelust in connection with:
- Your use of, or connection to, our Service;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of Material that you submit;
- Your violation of the rights of any other person or entity
- Gamelust reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gamelusts defense of such claim.
- You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- Notification of claimed infringement must include the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
- Gamelust reserves the right to remove any materials or content alleged to be infringing of another’s intellectual propery and copyright rights and remedieswithout prior notice, at Gamelusts sole discretion, and without liability to you.
- In accordance with the Children’s Online Privacy Protection Act, the Website advises all users, viewers, and accessors of the Website that same is not to be accessed by individuals under the age of thirteen (13) years old. Should you be under 13 years of age, Gamelust assumes you have a parent or guardian with you at the time of accessing the site. Should you inadvertently access the site while under the age of 13, you are to terminate all use at that time. Gamelust is not liable for the unauthorized underage use of the Website.
- The Website does not permit persons under the age of thirteen (13) to create user accounts. By creating an account you are representing that you are thirteen (13) years of age or older.
- In accordance with the Digital Millenium Copyright Act, the Website hereby advises any and all individuals and entities (hereinafter “persons”) that they may send a notice to firstname.lastname@example.org to complain of and or request that any material that infringes on that person’s copyrighted content or intellectual property, be immediately removed from the Website. The Website will not be liable for any alleged violations of the DMCA to the extent same was the result of a post made by a public user of the site. Moreover, the Website will take no action on any alleged violations of the DMCA unless the proper notice is sent to the aforementioned e-mail address.
- You and any persons agree that any disputes regarding the Terms or any issue, emanating from the Website, is subject to mandatory arbitration before an arbitrator of the American Arbitration Association located in the state of Ilinois. By accessing the site you hereby waive your right to file a claim against Gamelust in a court of law or any other tribunal. Any claim or cause of action arising out of or related to use of our sites or these Terms must be filed in arbitration within three (3) months of the date the incident, event or issue in dispute, occurred or be forever barred. The user and any persons is obligated to pay the filing fee for instituing the arbitration proceedings. Each side to the arbitration may select one arbitrator, with a third being selected upon agreement of both parties.
- No class actions are permitted. Each claim must be brought individually.
- Should you wish to stay arbitration or ask for any relief from a court or tribunal related to said arbitration, same must be commenced in a Court located in the State of Illinois.
- You and all persons hereby agree that the Terms are subject to and governed under the law of Illinois.
- As a warranty and disclaimer, the Website notifies you of the following. The Website and the Content are distributed on an “as is, as available” basis. Gamelust, third party content providers or their respective agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Website, any Content or any products or services sold through the Website.
- Neither Gamelust nor any third party content provider warrants that any files available for downloading through the Website will be free of viruses or similar contamination or destructive features. Neither Gamelust nor any third party content provider warrants that any of the goods or services linked to or advertised in the Website comply with data protection or other relevant legislation and Gamelust accepts no liability whatsoever for any claim arising from such goods or services.
- You expressly agree that the entire risk as to the quality and performance of the Website and the accuracy or completeness of the Content is assumed solely by you and Gamelust cannot guarantee the continued availability of any particular component of the Website.
- You specifically acknowledge that Gamelust is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Website or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.
- GAMELUST SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. GAMELUST, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Gamelust, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. However, your attention is directed to paragraph thirty-two (32) of the Terms.
- IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF A SITE, YOU RELEASE GAMELUST FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD GAMELUST HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
- You are solely responsible for your interactions with other Members of the Website. Gamelust reserves the right, but has no obligation, to monitor disputes between you and other Members.
- The Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.