FURIOUS GAMER RADIO, LLC TERMS OF USE
This Furious Gamer Radio, LLC. Terms of Use Agreement
(this "Agreement") is a legal agreement between you and Furious Gamer
Radio, LLC. ("Furious Gamer", "we", "us" or
"our") providing, among other things, the terms and conditions for
your use of Furious Gamer's programming services (the "Furious Gamer
Services"), including our Web site; http://www.furiousgamer.com (the
"Site").
We may from time to time modify these Terms of Use and
will post a copy of the amended Agreement here: Terms of Use. If you do not
agree to, or cannot comply with, the Agreement as amended, you must stop using
the Furious Gamer Services. You will be deemed to have accepted the Agreement
as it may be amended from time to time if you continue to use any of the
Furious Gamer Services after any amendments are posted on the Site.
Parental Advisory
IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17,
PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE FURIOUS GAMER SERVICES
ARE INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE OR OLDER. BECAUSE THE
FURIOUS GAMER SERVICES MAY PROVIDE ACCESS TO PROGRAMMING THAT CONTAINS EXPLICIT
CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE
ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17. THIS
AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING
TO THE FURIOUS GAMER SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE FURIOUS GAMER
SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS,
ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN
THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE FURIOUS GAMER SERVICES. YOU
MAY BE DENIED ACCESS TO THE FURIOUS GAMER SERVICES, WITH OR WITHOUT PRIOR
NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
U.S. Residents; Age Requirement; Authority
In order to use any of the Furious Gamer Services, you
must be a resident of the United States of America and at least 13 years of
age. You represent that (i) you have read and understood, and that you agree to
be bound by, this Agreement and (ii) you are at least 13 years old. If you do
not agree to, or cannot comply with, any of these terms and conditions of this
Agreement, please do not check the acceptance box and do not attempt to access
any of the Furious Gamer Services.
Your account information
To use any aspect of the Furious Gamer Services, you
may be required to register and provide certain information, including a member
or user name, a password, a valid email address (the "Account
Information"). You agree that the Account Information you provide is true,
accurate, current and complete information about yourself.
We shall treat all of your Account Information with
the utmost respect for its confidential nature, and in accordance with our
Privacy Policy.
You are solely and entirely responsible for
maintaining the confidentiality of your password, and for any and all
activities that occur with your account. If you believe someone has accessed any
of the Furious Gamer Services using your user name and password without your
authorization, it is your responsibility to set up a new password. Furious
Gamer will not be responsible for any losses arising out of the unauthorized
use of your user name, password and/or account, and you agree to indemnify and
hold harmless Furious Gamer, its partners, parents, subsidiaries, agents,
affiliates and/or licensors, as applicable, for any improper, unauthorized or
illegal uses of the same.
Privacy Policy
Furious Gamer cares about your privacy. It is
important that you read and understand the terms of Furious Gamer's Privacy Policy. Furious Gamer may
cooperate with and disclose information (including your Account Information) to
any authority, government official or third-party, without giving any notice to
you, in connection with any investigation, proceeding or claim arising from an
asserted illegal action or infringement due to your use of the Furious Gamer
Services.
License
Furious Gamer grants to you a limited, non-exclusive,
non-transferable license to access and use the Furious Gamer Services in the
United States for personal non-commercial purposes only. By accessing any
Furious Gamer Service, you are representing to us that you reside in the United States and that you are
over the age of 13. Any violation by you of the license provisions contained in
this Agreement may result in the immediate termination of your right to use the
Furious Gamer Services. Furious Gamer reserves all right, title and interest
not expressly granted under this license to the fullest extent possible under
applicable laws. ANY USE OF THE FURIOUS GAMER SERVICES NOT SPECIFICALLY PERMITTED
UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Restrictions
You agree that with regard to your access of the
Furious Gamer Site, you will not:
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the
programs streamed through the Furious Gamer Services or any cover art shown therein;
- make the Furious Gamer Services available over a network (other than Furious Gamer's network)
where it could be used by others;
- provide your password to any other person;
- translate, reverse engineer, decompile, disassemble, modify or create derivative works based
on the Furious Gamer Services or any portion of them;
- circumvent any technology used by Furious Gamer or its licensors to protect content
accessible via the Furious Gamer Services;
- rent, lease or sublicense any of the Furious Gamer Services;
- collect and use any product listings, descriptions, or prices;
- use any data mining, robots, or similar data gathering and extraction tools;
- download or copy account information for the benefit of another merchant;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Furious
Gamer and our affiliates;
- use any meta tags or any other "hidden text" utilizing Furious Gamer's name or
trademarks;
- or use the Furious Gamer Services in any way that violates the terms of this Agreement.
Security
The Furious Gamer Services utilize technology to
protect transmitted digital information. Your use of the Furious Gamer Services
may be limited by such technology. You acknowledge that, from time to time,
Furious Gamer may modify or discontinue using such technology. Security modifications
made by Furious Gamer may from time to time include required or automated
updates, modifications, patches, and/or reinstallations of software. IF YOU
ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR
TECHNOLOGY, YOUR ACCESS TO THE FURIOUS GAMER SITE MAY BE TERMINATED AND YOU MAY
BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
Copyrights
As between you and Furious Gamer, you acknowledge that
Furious Gamer owns or has a license to all title and copyrights in and to the
Furious Gamer Services, including all content on this site, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software. All title and intellectual property rights in and
to the licensed content in the Furious Gamer Services is the property of the
respective content owner and may be protected by applicable copyright or other
intellectual property laws and treaties and subject to use restrictions under
such laws or treaties.
Furious Gamer Trademarks and Third-Party Trademarks
The following are registered trademarks or trademarks
of Furious Gamer: Furious Gamer Radio, and its registered design logo, as well
as certain other Furious Gamer trademarks, service marks, graphics, and logos
(collectively, the "Furious Gamer Trademarks") used in connection
with the Furious Gamer Services. The Furious Gamer Services may contain
third-party trademarks, service marks, graphics, and logos. You are not granted
any right or license with respect to Furious Gamer Trademarks or the trademarks
of any third party.
Electronic Communications
When you visit the Furious Gamer website or send
e-mails to us, you are communicating with us electronically. By doing so, you
consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FURIOUS GAMER ON AN "AS
IS" AND "AS AVAILABLE" BASIS. FURIOUS GAMER MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. FURIOUS GAMER DOES NOT WARRANT THAT
THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FURIOUS GAMER ARE FREE OF VIRUSES,
INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS AND FURIOUS GAMER DISCLAIMS
ANY LIABILITY RELATING THERETO. WITHOUT PRIOR NOTICE, FURIOUS GAMER MAY MODIFY,
SUSPEND, OR DISCONTINUE THE FURIOUS GAMER SERVICES (INCLUDING ANY CONTENT) OR
YOUR USE OF THEM. WHENEVER FURIOUS GAMER ELECTS TO MODIFY, SUSPEND, OR
DISCONTINUE THE FURIOUS GAMER SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY.
FURIOUS GAMER WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS SITE OR THE FURIOUS GAMER SERVICES,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY
INFORMATION TO US IS AT YOUR OWN RISK. FURIOUS GAMER DOES NOT ASSUME ANY
LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH
INFORMATION IN ANY WAY.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE,
INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE FURIOUS GAMER SERVICES.
FURIOUS GAMER WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE
THROUGH THE FURIOUS GAMER SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES.
YOU ACKNOWLEDGE THAT FURIOUS GAMER ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT,
PRODUCTS OR SERVICES.
YOU WILL INDEMNIFY AND HOLD FURIOUS GAMER, ITS MEMBERS,
EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT
TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE
FURIOUS GAMER SERVICES.
Third Parties
Furious Gamer or its business partners may present
advertisements or promotional materials on or through the Site and the Furious
Gamer Services. Your dealings with, or participation in promotions of, any
third-party advertisers on or through the Site are solely between you and such
third party and your participation is subject to the terms and conditions
associated with that advertisement or promotion. You agree that Furious Gamer
is not 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 third
parties on the Site.
The Site and the Furious Gamer Services may present
links to third-party Web sites not owned or operated by us. We are not
responsible for the availability of these third-party sites or their contents.
You agree that we are not responsible or liable, directly or indirectly, for
any damage or loss caused by or in connection with your use of or reliance on
any content of any such third-party site or goods or services available through
any such third-party site.
Applicable Law and Assignment
By visiting the Furious Gamer Site or using the
Furious Gamer Services, you agree that the laws of the state of Colorado,
without regard to principles of conflict of laws, will govern these Terms of
Use and any dispute of any sort that might arise between you and Furious Gamer
or its affiliates.
You will not sublicense, assign, or transfer the
license granted to you under this Agreement. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations in violation of the
provisions of this Agreement is void.
Disputes
Any dispute relating in any way to your visit to the
Furious Gamer Site or to products or services you purchase or use through
Furious Gamer shall be submitted to confidential arbitration in Denver,
Colorado, except that, to the extent you have in any manner violated or
threatened to violate Furious Gamer's intellectual property rights, Furious
Gamer may seek injunctive or other appropriate relief in any state or federal court
in the state of Colorado, and you consent to exclusive jurisdiction and venue
in such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
Our Address
Furious Gamer Radio, LLC
Last revision date:
December 23, 2008
1550 Larimer St.
Suite 522
Denver, CO
