1. Your Acceptance
2. User Submissions
GamePunk is a platform for sharing technology-related articles, and other content and/or links to such content. You and other visitors, users and registered users (collectively “you” or “Users”) may view the Service, and the Service may allow registered users to submit, transmit, post, blog, or upload (collectively, “post”) text, profile information, images, videos, podcasts, and other content and/or links to such content to the Service (“User Submissions”) and to use the Service to share and view User Submissions. Once you post User Submissions, they are available to other Users and other Users may copy and forward them to others.
You agree not to, and hereby represent and warrant that you shall not, post, email, or otherwise make available User Submissions that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) contains any information or content that is antisocial or depicts violent crime; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, pornographic, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or in a reasonable person’s view, objectionable; (v) contains any information or content that is illegal or may constitute or contribute to a crime or tort; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, l or that violates third-party rights of any kind, including without limitation any Intellectual Property Rights and rights of publicity and privacy; or (vii) proposes a commercial transaction or is otherwise commercial in nature. GamePunk reserves the right, but is not obligated, to reject and/or remove any User Submissions that GamePunk believes, in its sole discretion, violate these provisions or for any other reason or no reason.
The Service may include advertisements, which may be targeted to User Submissions or content on the Service, or other information. In consideration for GamePunk granting you access to and use of the Service, you agree that GamePunk and its third-party providers and partners may place such advertising on the Service or in connection with the display of content or information from the Service whether submitted by you or others, and that you shall have no right to any revenues received from such placements unless and only to the extent expressly agreed to in writing by GamePunk.
GamePunk is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
3. License Grant
A. By submitting, posting, emailing, transmitting, or otherwise making available any User Submission, you expressly grant GamePunk a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, perform, display, and make derivative works of each such User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed. You also hereby grant each user of the Service a non-exclusive license to access your User Submission through the Service, and to use, reproduce, modify, distribute, display, perform, and create derivative works of such User Submission as permitted through the functionality of the Service and under this Agreement. All User Submissions are deemed non-confidential and GamePunk shall be under no obligation to maintain the confidentiality of any information and content, in whatever form, contained in any User Submission.
B. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service solely for your personal, noncommercial use. GamePunk may terminate or suspend this license and your access to the Services at any time for any reason or no reason. GamePunk reserves all rights not expressly granted herein in the Service and its Content (as defined below).
4. Use of Service
A. GamePunk hereby grants you permission to use the Service as set forth in this Agreement, provided that: (i) your use of the Service as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Service or Content in any medium without GamePunk’s prior written authorization; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this Agreement and any third-party Content owner’s terms and conditions, privacy policies, or other restrictions on use of Content.
B. In order to access some features of the Service, including posting video links, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You, not GamePunk, will be liable for any losses caused by any unauthorized use of your account.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the GamePunk servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, with the exception of using spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials and accessing RSS feeds. GamePunk reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any User Submissions or personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial purposes (other than any revenue sharing or similar opportunities we may offer from time to time). You agree not to solicit, for commercial purposes, any Users of the Service. You shall not create or transmit spam, unsolicited email, junk mail, chain letters, or other marketing schemes through the Service.
D. GamePunk may permanently or temporarily terminate, suspend, or otherwise refuse to permit User’s access to the Service without notice and liability, for any reason or no reason, or if, in GamePunk’s sole determination, User violates any provision of this Agreement, including without limitation by committing any of the following prohibited actions; (i) attempts to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) takes any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploads invalid data, viruses, worms, or other software agents through the Service; (iv) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity; (v) interferes with the proper working of the Service; (vi) bypasses the measures used to prevent or restrict access to the Service; or (vii) inflating the ratings or grade of any video or other User Submission or receiving any compensation for voting for or highly rating any video or User Submission. Upon termination for any reason, User continues to be bound by this Agreement.
E. GamePunk takes no responsibility and assumes no liability for any User Submissions that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Submissions that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, as between GamePunk and you, is solely your responsibility.
5. GamePunk Proprietary Rights
Except for your User Submissions, the Service and any and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, photographs, audio, videos, blogs, podcasts, and music (the “Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of GamePunk and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Content shall not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed, exploited in any manner whatsoever, or used on any other service, website or other networked computer environment without our prior written consent or as provided for in the restrictions applicable to the relevant User Submission. If you download, print, or otherwise reproduce a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, (“Intellectual Property Rights”) means all patents, copyrights, moral rights, rights of publicity, trademarks, trade dress and service marks, goodwill, trade secret and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, worldwide.
The Service is provided as a beta program, the purpose of which is to test and further refine and enhance the Service. We may contact you for feedback about the Service. You consent that any emails, surveys, audio recordings, video recordings, transcriptions or other information or feedback you provide can be used by GamePunk in any manner. You agree not to provide negative reviews of the Service, disparage or defame the Service or GamePunk. Any and all test data (including the performance of any functionality of the Service, search results, and any opinions, emails, surveys or other information or feedback you provide regarding the Service), information, or other material generated by using the Service is the sole property of GamePunk and is its Confidential Information.
Confidential Information is any oral, written, graphic or machine-readable information that is (i) identified herein as confidential; (ii) designated in writing to be confidential or proprietary or (iii) is reasonably understood to be confidential. You agree to not disclose or use any Confidential Information except as is necessary for the use or evaluation of the Service.
6. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify GamePunk’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work that you claim has been infringed;
C. Identification of the material that is claimed to be infringing and where it is located on the Service;
D. Information reasonably sufficient to permit GamePunk to contact you, such as your address, telephone number, and, e-mail address;
E. 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 law; and
F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Please note that this procedure is exclusively for notifying GamePunk and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with GamePunk’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
8. User Representations and Warranties
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
A. By your use of the Service, you affirm that you are either are at least 18 years of age, or an emancipated minor, or posses 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 Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Portions of the Service may require you to be of a certain age. You hereby agree that you shall not gain or attempt to gain access to portions of the Service if you do not meet the then-posted age requirement.
B. The User Submission and GamePunk’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, or rights privacy or publicity.
9. INFORMATION DISCLAIMERS
A. USER SUBMISSIONS. ALL INFORMATION CONTAINED IN USER SUBMISSIONS ARE THE EXPRESSIONS OF THOSE WHO HAVE POSTED THEM. GAMEPUNK DOES NOT ENDORSE ANY USER SUBMISSION OR THE VIEWS, OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN, EVEN IF GAMEPUNK PROVIDES A “GRADE” FOR SUCH USER SUBMISSION. GAMEPUNK DOES NOT REVIEW, NOR IS IT RESPONSIBLE FOR ANY USER SUBMISSION CONTENT OR THE ACCURACY, LEGALITY, USEFULNESS OR SAFETY THEREOF, NO MATTER THE SOURCE; AND GAMEPUNK DISCLAIMS ANY SUCH RESPONSIBILITY AND ANY LIABILITY FOR ANY ALLEGED DAMAGES RESULTING FROM ANY POSTING, INCLUDING BUT NOT LIMITED TO LIBEL, DEFAMATION, OR DISPARAGEMENT. GAMEPUNK MAY, BUT IS NOT OBLIGATED TO, REVIEW THE USER SUBMISSIONS FOR ANY REASON. YOU MAY BE EXPOSED TO USER SUBMISSIONS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST GAMEPUNK.
B. MEDICAL INFORMATION. THE INFORMATION (INCLUDING WITHOUT LIMITATION, MATERIAL, ADVICE AND RECOMMENDATIONS) POSTED ON THE SERVICE IS INTENDED SOLELY AS GENERAL INFORMATION AND IS NEITHER MEDICAL NOR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. GAMEPUNK, ITS PARENT, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, AND AFFILIATES (COLLECTIVELY “AFFILIATES”) DO NOT MAKE ANY WARRANTIES REGARDING THE CONFORMITY WITH ANY GOVERNMENT REGULATIONS REQUIRING THE DISCLOSURE OF PRESCRIPTION PHARMACEUTICAL PRODUCT INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GAMEPUNK NOR ITS AFFILIATES ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SERVICE IS SUBJECT TO THIS DISCLAIMER. GAMEPUNK AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR OTHER MATERIAL ON THE SERVICE.
C. FINANCIAL AND REAL ESTATE INFORMATION. THE SERVICE MAY PROVIDE ACCESS TO CERTAIN FINANCIAL DATA, QUOTES, PRICE FORECASTS, OTHER FORECASTS, MORTGAGE INFORMATION AND CALCULATIONS, REAL ESTATE MARKET INFORMATION, REAL ESTATE PRICING INFORMATION, NEWS, RESEARCH, PREDICTIONS, RECOMMENDATIONS, OPINIONS OR OTHER FINANCIAL INFORMATION THAT HAS BEEN PROVIDED BY GAMEPUNK USERS AND/OR FROM OTHER SOURCES. ALL SUCH DATA AND INFORMATION IS PROVIDED “AS IS” AND THE INFORMATION IS INTENDED SOLELY AS GENERAL INFORMATION FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NEITHER PROFESSIONAL STOCK BROKER ADVICE FOR ANY INVESTMENT, PROFESSIONAL REAL ESTATE ADVICE OR MORTGAGE BROKER OR LENDER ADVICE, NOR A SUBSTITUTE FOR OTHER PROFESSIONAL ADVICE OR SERVICES FROM QUALIFIED FINANCIAL SERVICES PROVIDERS OR PROFESSIONAL REAL ESTATE ADVICE OR SERVICES FROM A LICENSED REAL ESTATE PROFESSIONAL. DECISIONS BASED ON INFORMATION CONTAINED WITHIN THE SERVICE ARE YOUR SOLE RESPONSIBILITY. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GAMEPUNK NOR ITS AFFILIATES OR USERS ARE ENGAGED IN RENDERING PROFESSIONAL SERVICES OR ADVICE THROUGH THE SERVICE.
GAMEPUNK DOES NOT GUARANTEE OR CERTIFY THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT GAMEPUNK AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU RELYING UPON THE INFORMATION.
D. NO REFERRALS OR ENDORSEMENTS. GAMEPUNK IS NOT A REFERRAL SERVICE OR ANY KIND, INCLUDING FOR HEALTHCARE, FINANCIAL, REAL ESTATE, CAREER OR ANY OTHER PROFESSIONAL SERVICES. THE INFORMATION (INCLUDING WITHOUT LIMITATION, ADVICE, MATERIALS, AND RECOMMENDATIONS) POSTED ON THE SERVICE, INCLUDING USER PROFILES OR FORUMS, IS INTENDED SOLELY AS GENERAL INFORMATION AND DOES NOT CONSTITUTE OR INDICATE GAMEPUNK’S ENDORSEMENT OR REFERRAL OF THE INDIVIDUAL OR ENTITY POSTING SUCH INFORMATION. THROUGH THE SERVICE YOU MAY GET ACCESS TO INDIVIDUALS OR ENTITIES, HOWEVER, YOUR CHOICE TO CONTACT OR DO BUSINESS WITH ANY OF THESE INDIVIDUALS OR ENTITIES IS YOUR SOLE RESPONSIBILITY AND GAMEPUNK IS NOT INVOLVED IN ANY TRANSACTIONS YOU HAVE WITH ANY THIRD PARTIES.
10. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THE AGREEMENT OR BY APPLICABLE LAW, THE SERVICE AND CONTENT, INCLUDING ANY LINKS PROVIDED BY GAMEPUNK OR ITS AFFILIATES, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND GAMEPUNK AND ITS AFFILIATES HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, CONTENT OR LINKS AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICES OR LINKS.
GAMEPUNK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAMEPUNK SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GAMEPUNK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU AGREE THAT GAMEPUNK AND ITS AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR THE INTERRUPTION OR CESSATION IN THE PROVIDING OF ANY DATA, INFORMATION, OR OTHER ASPECT OF THE SERVICE. GAMEPUNK IS NOT RESPONSIBLE FOR, AND MAKES NO WARRANTIES REGARDING, THE ACCESS, SPEED, OR AVAILABILITY OF THE INTERNET IN GENERAL OR THE SERVICE IN PARTICULAR. GAMEPUNK RESERVES THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ALL OR ANY PORTION OF THE SERVICE WITH OR WITHOUT NOTICE. IF GAMEPUNK DOES POST CONTENT, IT IS FOR INFORMATIONAL AND CONVERSATIONAL PURPOSES ONLY.
11. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER GAMEPUNK, NOR ANY OF ITS AFFILIATES, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOS OF PROFITS, PRIVACY, GOODWILL, DATA) WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE (INCLUDING LINKS PROVIDED ON THE SERVICE), OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF GAMEPUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. GAMEPUNK, ITS LICENSORS, AND AFFILIATES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED, NOT TO EXCEED $100.00 IN THE AGGREGATE. GAMEPUNK, ITS LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE LIABILITY AROSE.
UNDER NO CIRCUMSTANCES WILL GAMEPUNK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
The Service is controlled from its facilities in the United States. GamePunk makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Assumption of Risks; Links; Ads
Your interactions with other Users or other third parties are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that GamePunk and its Affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users of this Service, or between Users and any third party, GamePunk is under no obligation to become involved and is not subject to any liability.
The Service contains links to third party web sites that are not under the control of GamePunk and GamePunk and its Affiliates are not responsible for any content on any linked web site. GamePunk has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, GamePunk will not and cannot censor or edit the content of any third-party website or service. If you access a third-party website from the Service, then you do so at your own risk. GamePunk provides links only as a convenience and the inclusion of the link does not imply that GamePunk or its Affiliates accept any responsibility for the content on those third-party websites. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that GamePunk shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
13. Opting Out
We may use your information to notify you of important changes to the Service, new services, and special offers. If you do not want to receive such notices, you may follow the procedures contained in the email sent to you. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If GamePunk has provided any third party with your personal information, you will have to contact the third-party directly with any opt-out request.
14. Government End Users
The Service is a “commercial item” as defined in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §§12.212 and 227.7202-1 through -4, all United States government end users may use the Services with only those rights set forth in this Agreement.
You agree to defend, indemnify and hold harmless GamePunk and its Affiliates against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Submissions or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username or password.
The provisions of Sections 3A, 4C, 4D, 4E, 5 – 11, and 13 – 17 shall survive any termination or expiration of this Agreement.
This Agreement, and any rights and licenses granted hereunder, shall not be transferred or assigned by you, but may be assigned by GamePunk without restriction.
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive that does not give rise to personal jurisdiction over GamePunk, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and GamePunk that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.
B. Entire Agreement/Severability. This Agreement as updated, together with any other agreements you enter into in connection with the Service, shall constitute the entire agreement between you and GamePunk concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
C. No agency, joint venture, partnership or employment relationship is created as a result of this Agreement and you do not have any authority to bind GamePunk in any way. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and GamePunk’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. GamePunk reserves the right to amend this Agreement at any time and without notice effective upon posting of any amendments on the Service, and it is your responsibility to review this Agreement for any changes, provided that if in our sole discretion the revision is material, we will post such amendments at least seven days before they become effective. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms and conditions.