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Member since: 02-Nov-2007
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patukan15
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manila, Philippines |
| Male, 15
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Regular gamer |
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"GAMEFLOOD (tm)
END USER LICENSE AGREEMENT (EULA)
THIS END USER LICENSE AGREEMENT (“EULA” OR
""""AGREEMENT"""") DESCRIBES
THE TERMS ON WHICH GAMEFLOOD™ AND ITS OWNER
TURBO SQUID, INC. (COLLECTIVELY REFERRED TO AS “GAMEFLOOD”) OFFER
YOU, THE “USER,” ACCESS TO AN ACCOUNT (THE
""""ACCOUNT"""")
TO THE SYSTEM DESCRIBED BELOW. BY PRESSING THE
""""I ACCEPT"""" BUTTON, YOU
ACCEPT THE TERMS AND CONDITIONS BELOW.
BY PRESSING THE
""""DECLINE"""" BUTTON, YOU
DECLINE THESE TERMS AND CONDITIONS, AND WILL NOT BE ABLE TO ACCESS
THE SYSTEM.
IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS,
PLEASE CONTACT CUSTOMER SERVICE AT INFO@TURBOSQUID.COM.
GameFlood may modify this Agreement from time to time and such
modification shall be effective upon posting by
GameFlood on its website. You agree to be bound to any changes to
this Agreement when you use the GameFlood
System after any such modification is posted. It is therefore
important that you review this Agreement regularly
to ensure you are updated as to any changes.
1. LICENSE.
1.1 System Defined. “System” shall mean any release version of the
GameFlood system, whether labeled as any
version, release, upgrade, improvement, enhancement, bug fix or
otherwise which GameFlood, in its sole discretion,
may choose to provide or otherwise make accessible to User.
1.2 Access to System. Access to GameFlood is granted to User only
upon agreement to the terms and conditions
of this EULA, which User understands to be his/her obligation to read
and understand. User agrees with and
shall comply with any additional guidelines, terms, and conditions
for participating in this System process as
may be modified or added by GameFlood in its sole discretion from
time to time.
1.3. Internet Access. GameFlood agrees to provide to User the System
as set forth herein via non-transferable
and non-exclusive access to the Internet by means of a network
connection.
1.4. Interruption or Suspension of System. User understands that from
time to time the System may be inaccessible or
inoperable for any reason, including, without limitation: (i)
equipment malfunctions, (ii) periodic maintenance procedures or
repairs which GameFlood may undertake from time to time, or (iii)
causes beyond the control of GameFlood or which are not reasonably
foreseeable by GameFlood.
1.5. Equipment. User shall be solely responsible for providing,
maintaining and ensuring compatibility with the System,
all hardware, software, electrical and other physical requirements
for User’s use of the System, including,
without limitation, telecommunications and digital transmission
connections and links, routers, local area network
servers, virus software, firewalls, or other equipment and services
required to access and use the System.
1.6. Limited License. This Agreement includes a non-transferable,
non-exclusive license to use the System and its
contents as set forth herein, or as otherwise authorized in writing
by GameFlood, solely for the purposes outlined
in this Agreement and subject to the terms set-forth here.
2. USER REPRESENTATIONS & LIMITATIONS ON USE
2.1. User’s Representations. User represents and warrants to
GameFlood that User shall comply with all terms and
conditions of this Agreement and that, prior to accepting this
Agreement, User has read, understood and agreed to all
terms, conditions, duties and obligations of this Agreement.
2.2. Prohibit Use and Conduct. User is solely responsible for any and
all acts and omissions that occur within the
system, including under any account or password issued to User by
GameFlood at any time. User agrees not to engage in
or permit any User, agent, contractor or employee of User to engage
in any unacceptable use of the System, which
includes, without limitation, use of the System to: (a) disseminate
or transmit unsolicited messages, chain
letters or unsolicited commercial email, (b) disseminate or transmit
material that, to a reasonable person may be
abusive, obscene, pornographic, defamatory, harassing, grossly
offensive, vulgar, threatening or malicious, (c)
disseminate or transmit files, graphics, software or other material
that actually or potentially infringes the
copyright, trademark, patent, trade secret or other intellectual
property right of any person, (d) create a false
identity or to otherwise attempt to mislead any person as to the
identity or origin of any communication,
(e) export, re-export or permit downloading of any message or content
in violation of any export and import law,
regulation or restriction of the United States and its agencies or
authorities, or without all required approvals,
licenses and exemptions, (f) interfere, disrupt or attempt to gain
unauthorized access to other accounts on the System
or any other computer network, (g) disseminate or transmit viruses,
trojan horses or any other malicious code or program,
or (h) engage in any other activity deemed by the GameFlood to be in
conflict with the spirit or
intent of this Agreement.
2.3. No Commercial Exploitation. User further agrees not to copy,
transfer, assign, rent, resell, distribute or use the
System other than as expressly authorized in this Agreement, to
refrain from using the System to perform, support
or augment its business purposes or processes in any way, and to
refrain from using the System for any purpose other
than as expressly authorized under this Agreement. You may not
reverse engineer, disassemble or decompile the System.
The Software may contain license management software that restricts
your use of the Software.
2.4. Security. User and its Authorized Users are solely responsible
for the security, confidentiality and
integrity of all messages and content User or any Authorized User
receives, transmits through or stores on, through
or via the System. User and its Authorized Users are solely
responsible for any authorized or unauthorized access to
any account or password issued to User or any Authorized User by
GameFlood. User and its Authorized Users agree to
bear all responsibility for the confidentiality of any account or
password issued to User or any Authorized User by
GameFlood and all use or charges incurred from use of the System with
such account or password.
2.6. Uncensored. User and its Authorized Users acknowledge that the
System includes complete, uncensored access to
material on the Internet created, maintained and disseminated by
persons other than GameFlood, portions of which may
be abusive, obscene, pornographic, defamatory, harassing, grossly
offensive, vulgar, threatening or malicious and with
respect to which GameFlood exerts no editorial control, screening or
blocking, measures.
3. COPYRIGHT & TAKE DOWN
3.1. Restriction on Use of Third Party Intellectual Property. You may
not post, modify, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary
information belonging to others without obtaining the
prior written consent of the owner of such proprietary rights. It is
the policy of GameFlood to terminate access
privileges of any User who infringes the copyright rights of others
upon receipt of prompt notification to GameFlood by
the copyright owner or the copyright owner''''''''''''''''s legal
agent.
3.2. Take Down. Without limiting the foregoing, if you believe that
your work has been copied and posted on the System
in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright
interest, (ii) a description of the copyrighted work that you claim
has been infringed, (iii) a description of where
the material that you claim is infringing is located on the GameFlood
System, (iv) your address, telephone number, and
email address, (v) a written statement by you that you have a good
faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law, (vi) a statement by
you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner''''''''''''''''s
behalf. GameFlood’s Copyright Agent for notice of claims of copyright
infringement can be identified as posted
at http://www.turbosquid.com.
3.3. User Disputes. You are solely responsible for your interactions
with other GameFlood Users and, in particular,
within your Team. GameFlood reserves the right, but has no
obligation, to monitor disputes between you and other Users.
Take Down requests from team members of Users will not be recognized,
only the team leader can properly request
take down under this Agreement. IF YOU ARE NOT A TEAM LEADER, BY
ACCESSING THIS AGREEMENT YOU HEREBY AGREE THAT YOU
HAVE NO PROPRIETARY RIGHTS IN THE CONTENT YOUR TEAM CREATES, AND THAT
ANY AGREEMENT BETWEEN AND AMONG YOUR TEAM MEMBERS
IS STRICTLY TO YOU. IN AGREEING TO THESE TERMS AND CONDITIONS, YOU
HEREBY ASSIGN ALL RIGHT, TITLE AND INTEREST
IN ANY INTELLECTUAL PROPERTY ACCRUED BY OR THROUGH THE SYSTEM IS
FOREVER AND IRREVOCABLY ASSIGNED TO YOUR TEAM LEADER.
3.4. Use of Third Party Software. You may not use any third party
software, programs, applications or utilities to modify
the System to change or otherwise affect, alter or modify play of the
games, except as specifically authorized herein and
except as within your System account. You may not use GameFlood or
third party intellectual property rights contained in
the games or the System to create or provide any other means through
which the games may be played by others, as through
server emulators. You may not take any action that imposes an
unreasonable or disproportionately large load on GameFlood’s
infrastructure, or that interferes with the operation of its
server(s). You may not sell, attempt to sell, purchase,
attempt to purchase, auction or facilitate the purchase, sale or
auction of any accounts, items, coin or copyrighted
material relating to the games or System.
4. PROPRIETARY RIGHTS IN CONTENT ON GAMEFLOOD
4.1. Title. User agrees that Turbo Squid, Inc. and/or its licensors
own all right, title and interest in the
System and in all patents, trademarks, trade names, inventions,
copyrights, know how, and trade secrets relating to the
design, manufacture, operation or service of the System. Turbo Squid,
Inc. shall retain ownership of all
intellectual property rights relating to or residing in the System at
all times. The System is a """"commercial
item.""""
4.2. Team Contributions. GameFlood obtains all ownership rights in
the text, files, images, photos, video, sounds,
musical works, works of authorship, or any other materials
(collectively,
""""Content"""") that User
posts to the System.
GameFlood shall obtain all ownership rights in such Content.
4.3. Team Warranty. The User Team represents and warrants that: (i)
User Team has irrovably assigned all
right, title and interest in the Team Content to its Team Leader,
(ii) the Team Leader owns the Content
posted by you on or through the GameFlood System or otherwise have
the right to grant the license set
forth in this section, and (iii) the posting of User Team’s Content
on or through the System does not
violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person.
Team Leader agrees to pay for all royalties, fees, and any other
monies owing any person by reason
of any Content posted by you to or through the System, and all Users
agree to hold harmless and
indemnify GameFlood and Turbo Squid, Inc. from any claim, demand or
suit arising out of use of the
Team Content, by members of the team or by third parties.
4.4. GameFlood Content. The GameFlood System contain Content of
GameFlood (""""GameFlood
Content""""). GameFlood
Content is protected by copyright, trademark, patent, trade secret
and other laws, and GameFlood
owns and retains all rights in the GameFlood Content and the System.
GameFlood hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display
the GameFlood Content
(excluding any software code) solely for your personal use in
connection with viewing the GameFlood
Website and using the System.
4.5. Third Party Content. The System contains Content of Users and
other GameFlood licensors. Except for
Content posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through the
System.
4.6. Deleting Content. GameFlood may delete any Content that in the
sole judgment of GameFlood violates
this Agreement or which may be offensive, illegal or violate the
rights, harm, or threaten the
safety of any person. GameFlood assumes no responsibility for
monitoring the GameFlood System for
inappropriate Content or conduct. If at any time GameFlood chooses,
in its sole discretion, to monitor
the System, GameFlood nonetheless assumes no responsibility for the
Content, no obligation to
modify or remove any inappropriate Content, and no responsibility for
the conduct of the User submitting any such Content.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
5.1. Support. User acknowledges and agrees that
GameFlood''''''''''''''''s technical support obligations hereunder
are limited to
the term of this Agreement and only in connection with the System.
5.2. WARRANTY DISCLAIMER. THE SYSTEM IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE,
LAW, EQUITY OR OTHERWISE. USE OF THE SYSTEM AND CONTENT IS AT USER’S
SOLE RISK. GAMEFLOOD AND TURBO SQUID, INC.
DO NOT WARRANT THAT THE SYSTEM AND/OR CONTENT WILL BE UNINTERRUPTED
OR ERROR FREE, NOR DO THEY MAKE ANY
WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SYSTEM
AND/OR CONTENT. GAMEFLOOD AND TURBO SQUID, INC.
MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SYSTEM AND/OR
CONTENT.
5.3. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL GAMEFLOOD
AND/OR TURBO SQUID. INC. BE LIABLE TO USER OR
ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR PUNITIVE DAMAGES ARISING FROM OR RELATING
TO THIS AGREEMENT, THE SYSTEM AND/OR CONTENT GENERALLY, INCLUDING,
WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE
THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SYSTEM, DELAY,
FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF
ANY USER TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, ANY TRANSACTION OR
AGREEMENT ENTERED INTO THROUGH THE SYSTEM, OR ANY DATA OR MATERIAL
FROM A THIRD PERSON ACCESSED ON OR THROUGH THE
SYSTEM. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE. IF USER IS DISSATISFIED WITH THE SYSTEM AND/OR
CONTENT, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE
FOR USER TO DISCONTINUE USE OF THE SYSTEM AND/OR TERMINATE THIS
AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
5.4. INDEMNIFICATION. USER AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND GAMEFLOOD AND TURBO SQUID, INC., ITS
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND
AGAINST ANY ACTION, CAUSE, CLAIM, DAMAGE, DEBT,
DEMAND OR LIABILITY, INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES,
ASSERTED BY ANY PERSON, ARISING OUT OF OR
RELATING TO: (A) USER’S OR ANY OF ITS AUTHORIZED USER’S BREACH OF
THIS AGREEMENT, (B) USER’S OR ANY OF ITS AUTHORIZED
USER’S USE OF THE SERVICE, INCLUDING ANY DATA OR WORK TRANSMITTED OR
RECEIVED BY USER OR ANY AUTHORIZED USER,
(C) ANY UNACCEPTABLE USE OF THE SERVICE, INCLUDING, WITHOUT
LIMITATION, ANY STATEMENT, DATA OR CONTENT MADE, TRANSMITTED,
COPIED, OR REPUBLISHED BY USER OR ANY AUTHORIZED USER WHICH IS
PROHIBITED AS UNACCEPTABLE, OR (D) ANY AND ALL CLAIMS
OR ACTIONS BY ANY AUTHORIZED USER OF USER AGAINST GAMEFLOOD.
6. GENERAL PROVISIONS.
6.1. Assignment and Successors in Interest. Neither this Agreement
nor any of the rights, interests or obligations of
User hereunder shall be assigned or delegated without the prior
written consent of GameFlood. Any unauthorized assignment
or delegation shall be null and void.
6.2. Venue/Choice of Law. This Agreement shall be construed in all
respects in accordance with the laws of the
State of Louisiana (excluding rules regarding conflicts of law) and
the United States of America as such laws are
applied to agreements entered into and to be performed entirely
within Louisiana between Louisiana residents. In the
event of any dispute, both parties submit to the personal
jurisdiction of and venue in any court of the State of
Louisiana, Parish of Orleans, or the United States District Court for
the Eastern District of Louisiana in New Orleans,
Louisiana and further agree that any cause of action relating to this
Agreement shall be brought in a court in
Orleans Parish, Louisiana. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. GameFlood’s
failure to act with respect to a breach by User or
others does not waive its right to act with respect to subsequent or
similar breaches.
6.3. Entire Agreement. This document contains the entire agreement
and understanding concerning the subject matter between
User and GameFlood and supersedes all prior negotiations, proposed
agreements, and all other agreements, whether written or
oral, except all prior confidentiality and non-disclosure agreements
to the extent that they are not superseded by this
Agreement. This Agreement may be amended only by GameFlood upon
publication of such amendments on GameFlood’s web site at
www.turbosquid.com.
6.4. Severability. In the event that it is determined by a court of
competent jurisdiction as a part of a final
non-appealable judgment that any provision of this Agreement (or part
thereof) is invalid, illegal, or otherwise
unenforceable, such provision will be enforced as nearly as possible
in accordance with the stated
intention of the parties, while the remainder of the Agreement will
remain in full force and effect.
6.5. Termination. This Agreement is effective upon the Effective Date
and shall continue in full force until terminated.
GameFlood reserves the right, in its sole discretion and without
notice, at any time and for any reason, to:
(a) remove or disable access to all or any portion of the System, (b)
suspend User’s access to or use of the System, or
(c) terminate this Agreement." |
| Games I play: |
GAMEFLOOD (tm)
END USER LICENSE AGREEMENT (EULA)
THIS END USER LICENSE AGREEMENT (“EULA”
OR
""""AGREEMENT"&qu
ot;"") DESCRIBES THE TERMS ON
WHICH GAMEFLOOD™ AND ITS OWNER
TURBO SQUID, INC. (COLLECTIVELY REFERRED
TO AS “GAMEFLOOD”) OFFER YOU, THE “USER,”
ACCESS TO AN ACCOUNT (THE
""""ACCOUNT""
;"")
TO THE SYSTEM DESCRIBED BELOW. BY
PRESSING THE """"I
ACCEPT"""" BUTTON,
YOU ACCEPT THE TERMS AND CONDITIONS
BELOW.
BY PRESSING THE
""""DECLINE""
;"" BUTTON, YOU DECLINE THESE
TERMS AND CONDITIONS, AND WILL NOT BE
ABLE TO ACCESS THE SYSTEM.
IF YOU HAVE ANY QUESTIONS REGARDING THESE
TERMS AND CONDITIONS, PLEASE CONTACT
CUSTOMER SERVICE AT INFO@TURBOSQUID.COM.
GameFlood may modify this Agreement from
time to time and such modification shall
be effective upon posting by
GameFlood on its website. You agree to be
bound to any changes to this Agreement
when you use the GameFlood
System after any such modification is
posted. It is therefore important that
you review this Agreement regularly
to ensure you are updated as to any
changes.
1. LICENSE.
1.1 System Defined. “System” shall mean
any release version of the GameFlood
system, whether labeled as any
version, release, upgrade, improvement,
enhancement, bug fix or otherwise which
GameFlood, in its sole discretion,
may choose to provide or otherwise make
accessible to User.
1.2 Access to System. Access to GameFlood
is granted to User only upon agreement to
the terms and conditions
of this EULA, which User understands to
be his/her obligation to read and
understand. User agrees with and
shall comply with any additional
guidelines, terms, and conditions for
participating in this System process as
may be modified or added by GameFlood in
its sole discretion from time to time.
1.3. Internet Access. GameFlood agrees to
provide to User the System as set forth
herein via non-transferable
and non-exclusive access to the Internet
by means of a network connection.
1.4. Interruption or Suspension of
System. User understands that from time
to time the System may be inaccessible or
inoperable for any reason, including,
without limitation: (i) equipment
malfunctions, (ii) periodic maintenance
procedures or repairs which GameFlood may
undertake from time to time, or (iii)
causes beyond the control of GameFlood or
which are not reasonably foreseeable by
GameFlood.
1.5. Equipment. User shall be solely
responsible for providing, maintaining
and ensuring compatibility with the
System,
all hardware, software, electrical and
other physical requirements for User’s
use of the System, including,
without limitation, telecommunications
and digital transmission connections and
links, routers, local area network
servers, virus software, firewalls, or
other equipment and services required to
access and use the System.
1.6. Limited License. This Agreement
includes a non-transferable,
non-exclusive license to use the System
and its
contents as set forth herein, or as
otherwise authorized in writing by
GameFlood, solely for the purposes
outlined
in this Agreement and subject to the
terms set-forth here.
2. USER REPRESENTATIONS & LIMITATIONS
ON USE
2.1. User’s Representations. User
represents and warrants to GameFlood that
User shall comply with all terms and
conditions of this Agreement and that,
prior to accepting this Agreement, User
has read, understood and agreed to all
terms, conditions, duties and obligations
of this Agreement.
2.2. Prohibit Use and Conduct. User is
solely responsible for any and all acts
and omissions that occur within the
system, including under any account or
password issued to User by GameFlood at
any time. User agrees not to engage in
or permit any User, agent, contractor or
employee of User to engage in any
unacceptable use of the System, which
includes, without limitation, use of the
System to: (a) disseminate or transmit
unsolicited messages, chain
letters or unsolicited commercial email,
(b) disseminate or transmit material
that, to a reasonable person may be
abusive, obscene, pornographic,
defamatory, harassing, grossly offensive,
vulgar, threatening or malicious, (c)
disseminate or transmit files, graphics,
software or other material that actually
or potentially infringes the
copyright, trademark, patent, trade
secret or other intellectual property
right of any person, (d) create a false
identity or to otherwise attempt to
mislead any person as to the identity or
origin of any communication,
(e) export, re-export or permit
downloading of any message or content in
violation of any export and import law,
regulation or restriction of the United
States and its agencies or authorities,
or without all required approvals,
licenses and exemptions, (f) interfere,
disrupt or attempt to gain unauthorized
access to other accounts on the System
or any other computer network, (g)
disseminate or transmit viruses, trojan
horses or any other malicious code or
program,
or (h) engage in any other activity
deemed by the GameFlood to be in conflict
with the spirit or
intent of this Agreement.
2.3. No Commercial Exploitation. User
further agrees not to copy, transfer,
assign, rent, resell, distribute or use
the
System other than as expressly authorized
in this Agreement, to refrain from using
the System to perform, support
or augment its business purposes or
processes in any way, and to refrain from
using the System for any purpose other
than as expressly authorized under this
Agreement. You may not reverse engineer,
disassemble or decompile the System.
The Software may contain license
management software that restricts your
use of the Software.
2.4. Security. User and its Authorized
Users are solely responsible for the
security, confidentiality and
integrity of all messages and content
User or any Authorized User receives,
transmits through or stores on, through
or via the System. User and its
Authorized Users are solely responsible
for any authorized or unauthorized access
to
any account or password issued to User or
any Authorized User by GameFlood. User
and its Authorized Users agree to
bear all responsibility for the
confidentiality of any account or
password issued to User or any Authorized
User by
GameFlood and all use or charges incurred
from use of the System with such account
or password.
2.6. Uncensored. User and its Authorized
Users acknowledge that the System
includes complete, uncensored access to
material on the Internet created,
maintained and disseminated by persons
other than GameFlood, portions of which
may
be abusive, obscene, pornographic,
defamatory, harassing, grossly offensive,
vulgar, threatening or malicious and with
respect to which GameFlood exerts no
editorial control, screening or blocking,
measures.
3. COPYRIGHT & TAKE DOWN
3.1. Restriction on Use of Third Party
Intellectual Property. You may not post,
modify, distribute, or reproduce in any
way any copyrighted material, trademarks,
or other proprietary information
belonging to others without obtaining the
prior written consent of the owner of
such proprietary rights. It is the policy
of GameFlood to terminate access
privileges of any User who infringes the
copyright rights of others upon receipt
of prompt notification to GameFlood by
the copyright owner or the copyright
owner''''''''''''''''s legal agent.
3.2. Take Down. Without limiting the
foregoing, if you believe that your work
has been copied and posted on the System
in a way that constitutes copyright
infringement, please provide our
Copyright Agent with the following
information:
(i) an electronic or physical signature
of the person authorized to act on behalf
of the owner of the copyright
interest, (ii) a description of the
copyrighted work that you claim has been
infringed, (iii) a description of where
the material that you claim is infringing
is located on the GameFlood System, (iv)
your address, telephone number, and
email address, (v) a written statement by
you that you have a good faith belief
that the disputed use is not authorized
by the copyright owner, its agent, or the
law, (vi) a statement by you, made under
penalty of perjury, that the above
information in your notice is accurate
and that you are the copyright owner or
authorized to act on the copyright
owner''''''''''''''''s
behalf. GameFlood’s Copyright Agent for
notice of claims of copyright
infringement can be identified as posted
at http://www.turbosquid.com.
3.3. User Disputes. You are solely
responsible for your interactions with
other GameFlood Users and, in particular,
within your Team. GameFlood reserves the
right, but has no obligation, to monitor
disputes between you and other Users.
Take Down requests from team members of
Users will not be recognized, only the
team leader can properly request
take down under this Agreement. IF YOU
ARE NOT A TEAM LEADER, BY ACCESSING THIS
AGREEMENT YOU HEREBY AGREE THAT YOU
HAVE NO PROPRIETARY RIGHTS IN THE CONTENT
YOUR TEAM CREATES, AND THAT ANY AGREEMENT
BETWEEN AND AMONG YOUR TEAM MEMBERS
IS STRICTLY TO YOU. IN AGREEING TO THESE
TERMS AND CONDITIONS, YOU HEREBY ASSIGN
ALL RIGHT, TITLE AND INTEREST
IN ANY INTELLECTUAL PROPERTY ACCRUED BY
OR THROUGH THE SYSTEM IS FOREVER AND
IRREVOCABLY ASSIGNED TO YOUR TEAM LEADER.
3.4. Use of Third Party Software. You may
not use any third party software,
programs, applications or utilities to
modify
the System to change or otherwise affect,
alter or modify play of the games, except
as specifically authorized herein and
except as within your System account. You
may not use GameFlood or third party
intellectual property rights contained in
the games or the System to create or
provide any other means through which the
games may be played by others, as through
server emulators. You may not take any
action that imposes an unreasonable or
disproportionately large load on
GameFlood’s
infrastructure, or that interferes with
the operation of its server(s). You may
not sell, attempt to sell, purchase,
attempt to purchase, auction or
facilitate the purchase, sale or auction
of any accounts, items, coin or
copyrighted
material relating to the games or System.
4. PROPRIETARY RIGHTS IN CONTENT ON
GAMEFLOOD
4.1. Title. User agrees that Turbo Squid,
Inc. and/or its licensors own all right,
title and interest in the
System and in all patents, trademarks,
trade names, inventions, copyrights, know
how, and trade secrets relating to the
design, manufacture, operation or service
of the System. Turbo Squid, Inc. shall
retain ownership of all
intellectual property rights relating to
or residing in the System at all times.
The System is a
""""commercial
item.""""
4.2. Team Contributions. GameFlood
obtains all ownership rights in the text,
files, images, photos, video, sounds,
musical works, works of authorship, or
any other materials (collectively,
""""Content""
;"") that User posts to the
System.
GameFlood shall obtain all ownership
rights in such Content.
4.3. Team Warranty. The User Team
represents and warrants that: (i) User
Team has irrovably assigned all
right, title and interest in the Team
Content to its Team Leader, (ii) the Team
Leader owns the Content
posted by you on or through the GameFlood
System or otherwise have the right to
grant the license set
forth in this section, and (iii) the
posting of User Team’s Content on or
through the System does not
violate the privacy rights, publicity
rights, copyrights, contract rights or
any other rights of any person.
Team Leader agrees to pay for all
royalties, fees, and any other monies
owing any person by reason
of any Content posted by you to or
through the System, and all Users agree
to hold harmless and
indemnify GameFlood and Turbo Squid, Inc.
from any claim, demand or suit arising
out of use of the
Team Content, by members of the team or
by third parties.
4.4. GameFlood Content. The GameFlood
System contain Content of GameFlood
(""""GameFlood
Content"""").
GameFlood
Content is protected by copyright,
trademark, patent, trade secret and other
laws, and GameFlood
owns and retains all rights in the
GameFlood Content and the System.
GameFlood hereby grants you a
limited, revocable, nonsublicensable
license to reproduce and display the
GameFlood Content
(excluding any software code) solely for
your personal use in connection with
viewing the GameFlood
Website and using the System.
4.5. Third Party Content. The System
contains Content of Users and other
GameFlood licensors. Except for
Content posted by you, you may not copy,
modify, translate, publish, broadcast,
transmit, distribute,
perform, display, or sell any Content
appearing on or through the System.
4.6. Deleting Content. GameFlood may
delete any Content that in the sole
judgment of GameFlood violates
this Agreement or which may be offensive,
illegal or violate the rights, harm, or
threaten the
safety of any person. GameFlood assumes
no responsibility for monitoring the
GameFlood System for
inappropriate Content or conduct. If at
any time GameFlood chooses, in its sole
discretion, to monitor
the System, GameFlood nonetheless assumes
no responsibility for the Content, no
obligation to
modify or remove any inappropriate
Content, and no responsibility for the
conduct of the User submitting any such
Content.
5. DISCLAIMERS AND LIMITATIONS OF
LIABILITY
5.1. Support. User acknowledges and
agrees that GameFlood''''''''''''''''s
technical support obligations hereunder
are limited to
the term of this Agreement and only in
connection with the System.
5.2. WARRANTY DISCLAIMER. THE SYSTEM IS
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, BY STATUTE,
LAW, EQUITY OR OTHERWISE. USE OF THE
SYSTEM AND CONTENT IS AT USER’S SOLE
RISK. GAMEFLOOD AND TURBO SQUID, INC.
DO NOT WARRANT THAT THE SYSTEM AND/OR
CONTENT WILL BE UNINTERRUPTED OR ERROR
FREE, NOR DO THEY MAKE ANY
WARRANTY AS TO ANY RESULTS THAT MAY BE
OBTAINED BY USE OF THE SYSTEM AND/OR
CONTENT. GAMEFLOOD AND TURBO SQUID, INC.
MAKE NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, IN
RELATION TO THE SYSTEM AND/OR CONTENT.
5.3. LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES SHALL GAMEFLOOD AND/OR
TURBO SQUID. INC. BE LIABLE TO USER OR
ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
PUNITIVE DAMAGES ARISING FROM OR RELATING
TO THIS AGREEMENT, THE SYSTEM AND/OR
CONTENT GENERALLY, INCLUDING, WITHOUT
LIMITATION, USER’S USE OR INABILITY TO
USE
THE SERVICE, ANY CHANGES TO OR
INACCESSIBILITY OF THE SYSTEM, DELAY,
FAILURE, UNAUTHORIZED ACCESS TO OR
ALTERATION OF
ANY USER TRANSMISSION OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT
SENT OR RECEIVED, ANY TRANSACTION OR
AGREEMENT ENTERED INTO THROUGH THE
SYSTEM, OR ANY DATA OR MATERIAL FROM A
THIRD PERSON ACCESSED ON OR THROUGH THE
SYSTEM. THIS LIMITATION OF LIABILITY
SHALL APPLY WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE. IF USER IS
DISSATISFIED WITH THE SYSTEM AND/OR
CONTENT, USER’S SOLE AND EXCLUSIVE REMEDY
SHALL BE
FOR USER TO DISCONTINUE USE OF THE SYSTEM
AND/OR TERMINATE THIS AGREEMENT. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
5.4. INDEMNIFICATION. USER AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND
GAMEFLOOD AND TURBO SQUID, INC., ITS
SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS FROM AND AGAINST ANY
ACTION, CAUSE, CLAIM, DAMAGE, DEBT,
DEMAND OR LIABILITY, INCLUDING REASONABLE
COSTS AND ATTORNEY’S FEES, ASSERTED BY
ANY PERSON, ARISING OUT OF OR
RELATING TO: (A) USER’S OR ANY OF ITS
AUTHORIZED USER’S BREACH OF THIS
AGREEMENT, (B) USER’S OR ANY OF ITS
AUTHORIZED
USER’S USE OF THE SERVICE, INCLUDING ANY
DATA OR WORK TRANSMITTED OR RECEIVED BY
USER OR ANY AUTHORIZED USER,
(C) ANY UNACCEPTABLE USE OF THE SERVICE,
INCLUDING, WITHOUT LIMITATION, ANY
STATEMENT, DATA OR CONTENT MADE,
TRANSMITTED,
COPIED, OR REPUBLISHED BY USER OR ANY
AUTHORIZED USER WHICH IS PROHIBITED AS
UNACCEPTABLE, OR (D) ANY AND ALL CLAIMS
OR ACTIONS BY ANY AUTHORIZED USER OF USER
AGAINST GAMEFLOOD.
6. GENERAL PROVISIONS.
6.1. Assignment and Successors in
Interest. Neither this Agreement nor any
of the rights, interests or obligations
of
User hereunder shall be assigned or
delegated without the prior written
consent of GameFlood. Any unauthorized
assignment
or delegation shall be null and void.
6.2. Venue/Choice of Law. This Agreement
shall be construed in all respects in
accordance with the laws of the
State of Louisiana (excluding rules
regarding conflicts of law) and the
United States of America as such laws are
applied to agreements entered into and to
be performed entirely within Louisiana
between Louisiana residents. In the
event of any dispute, both parties submit
to the personal jurisdiction of and venue
in any court of the State of
Louisiana, Parish of Orleans, or the
United States District Court for the
Eastern District of Louisiana in New
Orleans,
Louisiana and further agree that any
cause of action relating to this
Agreement shall be brought in a court in
Orleans Parish, Louisiana. If any
provision of this Agreement is held to be
invalid or unenforceable, such provision
shall
be struck and the remaining provisions
shall be enforced. GameFlood’s failure to
act with respect to a breach by User or
others does not waive its right to act
with respect to subsequent or similar
breaches.
6.3. Entire Agreement. This document
contains the entire agreement and
understanding concerning the subject
matter between
User and GameFlood and supersedes all
prior negotiations, proposed agreements,
and all other agreements, whether written
or
oral, except all prior confidentiality
and non-disclosure agreements to the
extent that they are not superseded by
this
Agreement. This Agreement may be amended
only by GameFlood upon publication of
such amendments on GameFlood’s web site
at
www.turbosquid.com.
6.4. Severability. In the event that it
is determined by a court of competent
jurisdiction as a part of a final
non-appealable judgment that any
provision of this Agreement (or part
thereof) is invalid, illegal, or
otherwise
unenforceable, such provision will be
enforced as nearly as possible in
accordance with the stated
intention of the parties, while the
remainder of the Agreement will remain in
full force and effect.
6.5. Termination. This Agreement is
effective upon the Effective Date and
shall continue in full force until
terminated.
GameFlood reserves the right, in its sole
discretion and without notice, at any
time and for any reason, to:
(a) remove or disable access to all or
any portion of the System, (b) suspend
User’s access to or use of the System, or
(c) terminate this Agreement. |
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| Game Dev Skills: |
Character Modeler(Beginner), Skinner(Intermediate), Animator(Expert), Level Designer(Expert), Producer(Beginner), Writer(Beginner), Audio(Expert), Programmer(Beginner), Game Tester(Beginner), Texture Artist(Intermediate), Scripter(Beginner), Weapon Modeler(Expert), Architecture Modeler(Expert), Vehicle Modeler(Beginner), General Modeler(Intermediate), Concept Artist(Beginner) |
| Preferred Genres: |
Fantasy Action, Historic Warfare Action, Modern Warfare Action, SciFi Action, Real-Time Strategy, Roleplaying |
| Preferred Games: |
Command and Conquer: Generals, Command and Conquer: Zero Hour, Battlefield 1942, Battlefield Vietnam, Battlefield 2, Half-Life 2, Ghost Recon, Neverwinter Nights, Civilization IV, Half-Life, General Development, Wolfenstein: ET, GTA: San Andreas, GTA: Vice City, Warhammer 40k: Dawn of War, Warhammer 40k: Dark Crusader, Civilization IV: Warlords, Need For Speed: U2, Neverwinter Nights 2, Garry`s Mod, Counter-Strike 1.6, WarCraft III, Max Payne 2, Company of Heroes, Warhammer 40k: Dawn of War: Winter Assault, X-plane, Half-Life 2: Episode 1 |
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