Terms Of Service
Revised October 1, 2021
Please read carefully before using this website.
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1.
Introduction
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1.1
Welcome to the Gamers Sans Frontieres LLC (“Gamers Sans Frontieres”) website, GamerSansFrontieres.com. These terms of use apply to all users of the Gamers Sans Frontieres website, including independent artists who submit designs, including any artwork or other materials, to Gamers Sans Frontieres. By using this website, including but not limited to viewing content, registering for an account, commenting on a design or on the Gamers Sans Frontieres forum, submitting a design, or ordering apparel through the website, you signify that you have read, understand, and agree to be bound by (1) these terms of use; (2) Gamers Sans Frontieres’s privacy policy; (3) Gamers Sans Frontieres’s artist agreement; and (4) any other documents incorporated in the terms of use, privacy policy, or artist agreement (collectively, the “Terms”). If you do not agree to any of the Terms, please do not use the Gamers Sans Frontieres website.
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1.2
Gamers Sans Frontieres may make changes to the Terms from time to time. If Gamers Sans Frontieres changes the terms of use, we will post the revised terms here. As Gamers Sans Frontieres may make changes at any time without notifying you, it is your responsibility to review the Terms for any changes.
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1.3
The Terms of Use that exist at the time of a particular visit to the Gamers Sans Frontieres website govern your use at that time. Areas of the Gamers Sans Frontieres website may have different terms posted, and if there is a conflict between these Terms of Use and the terms posted for a specific area of this website, then the latter will govern your use.
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1.4
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess 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 these Terms, and to abide by and comply with these Terms. In any case you affirm that you are over the age of 13, as the Gamers Sans Frontieres website is not intended for children under 13. If you are under 13 years of age, then please do not use the Gamers Sans Frontieres website.
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2.
Gamers Sans Frontieres Accounts
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2.1
In order to access some features of the website, 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 login information secure. You must notify Gamers Sans Frontieres immediately if you become aware any unauthorized use of your account or any other breach of security regarding your account.
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2.2
Although Gamers Sans Frontieres cannot and will not be liable for your losses or damage caused by any unauthorized use of your account, you may be liable for the losses or damage of Gamers Sans Frontieres or others due to such unauthorized use.
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3.
Design Submissions
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3.1
Independent artists who are Gamers Sans Frontieres account holders may submit unsolicited designs to Gamers Sans Frontieres. Gamers Sans Frontieres may, in its sole discretion, select unsolicited designs and sell t-shirts bearing the designs. The independent artists who submitted the designs will receive commissions on the t-shirts sold, as set forth in the Artist Agreement, which is hereby expressly incorporated herein.
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3.2
All independent artists who submit unsolicited designs to Gamers Sans Frontieres must read and sign the Artist Agreement. You understand that Gamers Sans Frontieres does not guarantee any confidentiality with respect to any unsolicited design you submit.
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4.
Intellectual Property of Others
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4.1
Intellectual property (“IP”) includes patents, copyrights, trade secrets, trade dress, trademarks, and rights of publicity. Gamers Sans Frontieres respects the IP rights of others and asks you to do the same. When using and interacting with Gamers Sans Frontieres and the Gamers Sans Frontieres website, you may not post, submit, modify, distribute, or reproduce in any way any material (including any unsolicited design) that infringes an IP right belonging to another.
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4.2
Gamers Sans Frontieres acknowledges that unsolicited designs submitted by independent artists may refer to the IP rights of others. It is Gamers Sans Frontieres’s policy to select such unsolicited designs only if the designs are new, original, and/or transformative works that parody, satirize, or provide social commentary on the IP rights of others. In other words, to be selected by Gamers Sans Frontieres, such unsolicited designs must make “fair use” of the IP rights of others.
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4.3
If you are a copyright owner and believe that material has been posted on the Gamers Sans Frontieres website in a way that infringes one or more of your copyrights, you may submit a DMCA* takedown notification to Gamers Sans Frontieres. Please refer to Gamers Sans Frontieres’s DMCA Policy, which is hereby expressly incorporated herein, for more information.
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4.4
If you are an independent artist in receipt of a DMCA takedown notification and believe that believe that your design has been removed from or disabled on the Gamers Sans Frontieres website as a result of mistake or misidentification of the material to be removed or disabled, such as fair use, you may submit a DMCA* counter-notification to Gamers Sans Frontieres. Please refer to Gamers Sans Frontieres’s DMCA Policy for more information.
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4.5
Gamers Sans Frontieres is not responsible for the IP rights of or relating to unsolicited designs on the Gamers Sans Frontieres website. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gamers Sans Frontieres with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Gamers Sans Frontieres, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Gamers Sans Frontieres website.
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5.
Gamers Sans Frontieres’s Intellectual Property
Except as expressly provided in these terms of use, you are not granted any rights or license to IP owned by Gamers Sans Frontieres. Gamers Sans Frontieres reserves all rights not expressly granted in these terms of use.
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5.1
Disclaimer
Gamers Sans Frontieres accepts unsolicited designs from independent artists who are informed of and have agreed to Gamers Sans Frontieres’s policies concerning the IP rights of others as set out in these Terms and elsewhere on the Gamers Sans Frontieres website. All designs selected by Gamers Sans Frontieres are new, original, and/or transformative works that may parody, satirize, or provide social commentary on the IP rights of others. Gamers Sans Frontieres and the selected designs make only “fair use” of the IP rights of others. Gamers Sans Frontieres respects all such IP rights of others, and Gamers Sans Frontieres is not affiliated with the owners of the IP rights to which the selected designs may refer.
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5.2
Copyrights
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5.2.1
All original content (“Content”) on the Gamers Sans Frontieres website or on Gamers Sans Frontieres’s items is © 2018 Gamers Sans Frontieres and is protected by international laws and treaties. Content includes and is not limited to media, artwork, software, text, software or HTML code, scripts, images, graphics, user interfaces, music, videos, photographs, logos, artwork, and the design, selection, assembly, arrangement, and coordination thereof. You understand and agree that the Content is solely owned by Gamers Sans Frontieres.
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5.2.2
Unless otherwise indicated, Content does not include the selected designs of independent artists. Content also does not include the IP rights of others, to which the selected designs may refer.
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5.2.1
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5.3
5.3. Trademarks and Branding Guidelines
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5.3.1
The following marks are registered trademarks of Gamers Sans Frontieres: the Gamers Sans Frontieres® mark, the GSF Collection® mark, the Final Boss® mark, the GSF Army® mark, the BEST GSF SELLING ITEMS® mark, the ® logo (red cross joypad logo), the ® logo (Gamers Sans Frontieres logo). All other Gamers Sans Frontieres products or service names, slogans, or logos used on the Gamers Sans Frontieres website or on Gamers Sans Frontieres’s items are trademarks of Gamers Sans Frontieres. You understand and agree that Gamers Sans Frontieres’s registered trademarks and unregistered trademarks used on the Gamers Sans Frontieres website or on Gamers Sans Frontieres’s items are solely owned by Gamers Sans Frontieres. Failure of a mark to appear on this page does not mean that Gamers Sans Frontieres does not use or own the mark. All other company, product, service names, slogans, or logos referenced on Gamers Sans Frontieres’s website are used for identification purposes only and may be trademarks of others.
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5.3.2
Independent designers of designs selected by Gamers Sans Frontieres may use the Gamers Sans Frontieres® mark and/or the Gamers Sans Frontieres logo to promote sales of t -shirts or other products bearing their selected designs provided that such use complies with Gamers Sans Frontieres’s logo usage guidelines, which are hereby expressly incorporated herein, and further provided that such use must immediately cease upon Gamers Sans Frontieres’s written request.
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5.3.1
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6.
Website Access and Use
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6.1
The Gamers Sans Frontieres website and all Content associated therewith are provided by Gamers Sans Frontieres AS IS as a service to current and prospective customers, independent artists, and visitors to the Gamers Sans Frontieres website. Gamers Sans Frontieres hereby grants you a limited license to use the Gamers Sans Frontieres website and the Content, subject to the following restrictions: (a) your use of the website and the Content is a personal use and is not for any commercial purpose beyond what is permitted by the Terms; (b) you do not copy, download, or print any aspect of the website or the Content beyond what may be reasonably necessary for proper use of the website for its intended purpose; (c) if you copy, download, or print any aspect of the website or the Content, you do not remove or modify any copyright notices or other proprietary notices displayed on the website or the Content; (d) you do not distribute, alter, or modify any aspect of the website without Gamers Sans Frontieres’s prior written authorization; and (e) you otherwise comply with these Terms in all respects. No right, title or interest in Gamers Sans Frontieres’s Content is conveyed to you. The foregoing is a limited license, not a transfer of title to Gamers Sans Frontieres’s Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited.
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6.2
Prohibited commercial purposes include, without limitation, any of the following actions: sale of access to the Gamers Sans Frontieres website or the Content on another website; use of the Gamers Sans Frontieres website or the Content for the primary purpose of gaining advertising or subscription revenue; the sale of advertising targeted to the Content; and any use of the Gamers Sans Frontieres website that Gamers Sans Frontieres finds, in its sole discretion, to use the Gamers Sans Frontieres Content with the effect of competing with or displacing the market for Gamers Sans Frontieres, the Content, or the selected designs of independent artists.
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7.
Prohibited Uses
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7.1
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Gamers Sans Frontieres, restricts, impairs, interferes or inhibits any other user from using or enjoying the Gamers Sans Frontieres website and/or our related services and products.
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7.2
You agree not to use or launch any automated system, including without limitation, “bots” or “robots,” “spiders,” or “offline readers,” that accesses the Gamers Sans Frontieres website in a manner that sends more request messages to the Gamers Sans Frontieres 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. Notwithstanding the foregoing, Gamers Sans Frontieres grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gamers Sans Frontieres reserves the right to revoke these exceptions either generally or in specific cases.
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7.3
You agree not to circumvent, disable or otherwise interfere with security-related features of Gamers Sans Frontieres website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Gamers Sans Frontieres website or the Content therein.
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7.4
You agree not to collect or use any personal information from the Gamers Sans Frontieres website, as that term is used and/or defined in Gamers Sans Frontieres’s privacy policy. Personal information includes, but is not limited to, the names, account names, and contact information of other users. Additionally, you agree not to use the communication systems provided by the website (including account messaging and the Gamers Sans Frontieres forums) for any commercial purposes. You agree not to solicit, for commercial purposes, any independent artists with respect to their unsolicited designs.
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8.
Links to Third Party Sites
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8.1
The Gamers Sans Frontieres website may contain links to websites controlled by third parties. Gamers Sans Frontieres provides these links merely as a convenience and Gamers Sans Frontieres is not responsible for and does not endorse, adopt, agree with, or accept any responsibility over the contents or use of these websites. Access to other websites is at your own risk and Gamers Sans Frontieres expressly disclaims any responsibility for the content of any third party sites linked to this site. You should take precautions to ensure that whatever you select for your use is free from viruses, worms, trojan horses and the like. You should also refer to the policies posted by the other websites regarding privacy and other topics before you use them. Gamers Sans Frontieres is not responsible for third party content accessible through this website, including opinions, advice, statements, and advertisements and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party. Gamers Sans Frontieres makes no representation or warranty as to any third-party products or services.
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8.2
Accordingly, Gamers Sans Frontieres encourages you to be aware when you leave the Gamers Sans Frontieres website and to read the terms and conditions and privacy policy of each other website that you visit.
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9.
Electronic Communications
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9.1
You consent to receive communications from Gamers Sans Frontieres electronically. Gamers Sans Frontieres may communicate with you by email, by a message sent to your Gamers Sans Frontieres account, or by posting a notice on the Gamers Sans Frontieres website. You agree that Gamers Sans Frontieres’s electronic communications to you will satisfy any legal requirement that such communications be in writing.
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9.2
Any feedback or comments you provide with respect to the website will be treated as non-confidential and we are free to use such information on an unrestricted basis. Requests for information regarding services or user accounts submitted through the website will be treated in accordance with the privacy policy.
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10.
Privacy
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10.1
Gamers Sans Frontieres respects your privacy. Gamers Sans Frontieres’s privacy policy describes what information Gamers Sans Frontieres collects about you during your visit to the Gamers Sans Frontieres website and what Gamers Sans Frontieres does with that information. Gamers Sans Frontieres’s privacy policy governs Gamers Sans Frontieres’s collection, use, and disclosure of the personal information and non-personal information that you provide to Gamers Sans Frontieres, as well as communications between you and Gamers Sans Frontieres.
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10.2
You must review the Privacy Policy carefully to make sure you understand our practices and procedures. If you have any questions or comments regarding this Privacy Policy, just ask.
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11.
General Terms
You agree that, in your use of the Gamers Sans Frontieres website, you will comply with all applicable laws.
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11.1
Disclaimer
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11.1.1
Every effort has been made to ensure the accuracy of the information presented. However, Gamers Sans Frontieres assumes no responsibility for the accuracy of the information contained in this website. Product information is subject to change without notice and in the sole discretion of Gamers Sans Frontieres. Gamers Sans Frontieres may make changes to this website at any time without notice. Mention of non-Gamers Sans Frontieres products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
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11.1.2
ALL CONTENT, MATERIAL, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, GAMERS SANS FRONTIERES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. GAMERS SANS FRONTIERES MAKES NO WARRANTY THAT: (1) THIS SITE WILL MEET YOUR REQUIREMENTS; (2) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. GAMERS SANS FRONTIERES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION. THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.
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11.1.1
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11.2
Limitation of Liability
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11.2.1
IN NO EVENT SHALL GAMERS SANS FRONTIERES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE GAMERS SANS FRONTIERES WEBSITE OR A LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF GAMERS SANS FRONTIERES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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11.2.2
GAMERS SANS FRONTIERES ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THE GAMERS SANS FRONTIERES WEBSITE.
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11.2.3
YOU SPECIFICALLY ACKNOWLEDGE THAT GAMERS SANS FRONTIERES SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CLAIM THAT AN UNSOLICITED DESIGN SUBMITTED BY AN INDEPENDENT ARTIST HAS VIOLATED THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.
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11.2.1
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11.3
Indemnity
You agree to defend, indemnify, and hold harmless Gamers Sans Frontieres, its officers, directors, employees, and agents, from and 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 Gamers Sans Frontieres; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any IP right; or (iv) any claim that one of your unsolicited designs caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Gamers Sans Frontieres website.
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11.4
Waiver
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Gamers Sans Frontieres’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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11.5
Limitations on Actions
You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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11.6
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gamers Sans Frontieres without restriction.
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11.7
Formatting
The formatting in these Terms (including without restriction the paragraph headings and paragraph numbering) is included to help make these terms easier to read and has no binding effect.
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11.8
Governing Law and Jurisdiction
The website is controlled by Gamers Sans Frontieres from its offices at Hernan Zamora Avenue, Tulipan Street, San José, 11104, Costa Rica. All matters relating to your access to, or use of, this website shall be governed by Costa Rican and U.S. federal law, notwithstanding any principles of conflicts of law. Any dispute, legal action, or proceeding relating to your access to, or use of, this website shall be exclusively instituted in a state or federal court. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Gamers Sans Frontieres makes no representations that the information on this website is appropriate for use in other locations. If you choose to access this website from other locations you do so at your own risk and you are responsible for compliance with any applicable local laws.
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11.9
Violations
Please report any violations of the Terms, including objectionable or offensive Content, unsolicited design, or Gamers Sans Frontieres forum posting. Please state the reasons for your concern and provide a link to the Content, unsolicited design, or Gamers Sans Frontieres forum posting in question. Upon receiving such a report, Gamers Sans Frontieres in its sole discretion may investigate the matter and take such action as Gamers Sans Frontieres determines to be appropriate.
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11.10
Other Reservation of Rights
Gamers Sans Frontieres reserves the right to discontinue any aspect of the Gamers Sans Frontieres website at any time.
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11.11
Termination or Cancellation
You agree that Gamers Sans Frontieres may, at any time and at Gamers Sans Frontieres’s sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Gamers Sans Frontieres website, and/or your account, or suspend or block your access to the Gamers Sans Frontieres website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Gamers Sans Frontieres website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Gamers Sans Frontieres website.
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11.12
Entire Agreement
The Terms constitute the entire agreement between you and Gamers Sans Frontieres regarding the use of the website, superseding any prior agreements between you and Gamers Sans Frontieres relating to your use of the website. The failure of Gamers Sans Frontieres to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of this agreement shall continue in full force and effect.
About the DMCA Policy- Gamers Sans Frontieres operates under DMCA - the Digital Millennium Copyright
- 1. Copyright
- Act.1.1When a person creates an original work that is fixed in a physical medium, that person automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including audiovisual words, sound recordings and musical compositions, written works, visual works, video games and computer software, and dramatic works.
- 1.2In some circumstances, it is possible to use a copyrighted work without infringing the owner’s copyright. For example, in the United States, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary.
- 1.3 Gamers Sans Frontieresaccepts unsolicited designs from independent artists who are informed and have agreed to Gamers Sans Frontieres' policies concerning the intellectual property rights of others. All designs selected by Gamers Sans Frontieres are new, original, and/or transformative works that may parody, satirize, or provide social commentary on other copyrighted works. Gamers Sans Frontieres and the selected designs make only fair use of the copyrighted works of others. Gamers Sans Frontieres respects the copyrights of others, and Gamers Sans Frontieres is not affiliated with the owners of the copyrights to which the selected designs may refer.
- 1.4It is Gamers Sans Frontieres' policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. Gamers Sans Frontieres' response may include removing or disabling access to a design claimed to be infringing. If Gamers Sans Frontieres removes or disables access in response to such a notice, Gamers Sans Frontieres will make a good-faith attempt to contact the independent artist who submitted the design to Gamers Sans Frontieres so that the artist may make a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA.
- 1.5Please refer to the following detailed instructions which must be followed to protect your rights under the DMCA.
- 2.Instructions for Copyright Owners
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2.1 Gamers Sans Frontieres will only respond to notifications that contain the following:
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2.1.1A description of the design that is claimed to be infringing and its URL on the Gamers Sans Frontieres website.
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2.1.2A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers.
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2.1.3A statement providing the basis for the complaint.
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2.1.4The following contact information
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2.1.4.1The complaining party’s full legal name
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2.1.4.2The authorized agent’s full legal name (if applicable)
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2.1.4.3A postal address for contacting the complaining party
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2.1.4.4An e-mail address for contacting the complaining party
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2.1.4.5A phone number for contacting the complaining party
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2.1.5The following statements
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2.1.5.1“I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
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2.1.5.2“This notification is accurate.”
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2.1.5.3“UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
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2.1.5.4“I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.”
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2.1.6A physical or electronic signature of the complaining party or the authorized agent thereof.
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2.1.7Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner)
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2.2The complaining party or authorized agent thereof should file the notification either (1) using one of the contact means identified in the U.S. Copyright Office’s online service provider directory for Gamers Sans Frontieres (www.copyright.gov/onlinesp/), (2) contacting Gamers Sans Frontieres by mail at DMCA Agent, c/o Gamers Sans Frontieres, 1309 Coffeen Avenue, STE 1200, Sheridan, WY, United States, 82801, or (3) contacting Gamers Sans Frontieres by email at legal@gamersansfrontieres.com.
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2.3Upon receipt of a complete notification, Gamers Sans Frontieres will remove or disable access to the design that is claimed to be infringing from the Gamers Sans Frontieres website. The independent artist who submitted the design will be forwarded a copy of the notification and will be alerted that access to the design has been removed or disabled.
- 3.Instructions for Independent Artists
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3.1Any complaining party or authorized agent thereof following the procedures in Section 2 above can require Gamers Sans Frontieres to remove or disable access to copyrighted content. When Gamers Sans Frontieres receives a proper notification from a complaining party or authorized agent thereof, Gamers Sans Frontieres will immediately comply. This is a legal requirement; you will not receive advance warning and you will not be given an opportunity to “fix it” first.
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3.2If you are found to repeatedly submit infringing designs, your account will be suspended. Serious offenders will have their account deactivated and will be permanently banned from submitting designs. Gamers Sans Frontieres considers “three strikes” as an indication of being a serious offender. In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately deactivated and you will be permanently banned from submitting designs.
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3.3If you are found to repeatedly submit infringing designs, your account will be suspended. Serious offenders will have their account deactivated and will be permanently banned from submitting designs. Gamers Sans Frontieres considers “three strikes” as an indication of being a serious offender. In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately deactivated and you will be permanently banned from submitting designs.
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3.4 Gamers Sans Frontieres will only respond to counter-notifications that contain the following:
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3.4.1A description of the design that is claimed to be infringing and its URL at the Gamers Sans Frontieres website before access to the design was removed or disabled.
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3.4.2A statement why the claim of copyright infringement should be rejected.
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3.4.3The following contact information
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3.4.3.1The responding party’s full legal name.
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3.4.3.2The authorized agent’s full legal name (if applicable).
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3.4.3.3A postal address for contacting the responding party.
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3.4.3.4An e-mail address for contacting the responding party.
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3.4.3.5A phone number for contacting the responding party.
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3.4.4The following statements
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3.4.4.1“UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
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3.4.4.2“UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
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3.4.4.3“I will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or the agent of such person.”
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3.4.4.4“I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.”
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3.4.5A physical or electronic signature of the responding party or authorized agent thereof.
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3.4.6Your authority for submitting the counter-notification (e.g., independent artist who submitted the design, authorized agent of independent artist who submitted the design)
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3.5The responding party or the authorized agent thereof should file the notification either (1) using one of the contact means identified in the U.S. Copyright Office’s online service provider directory for Gamers Sans Frontieres (www.copyright.gov/onlinesp/), (2) contacting Gamers Sans Frontieres by mail at DMCA Agent, c/o Gamers Sans Frontieres, 2081 Business Center Dr., Suite 215, Irvine, CA, United States, 92612, (3) contacting Gamers Sans Frontieres by email at legal@gamersansfrontieres.com.
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3.6If Gamers Sans Frontieres receives your counter-notification, but your design does not comply with the Gamers Sans Frontieres Artist’s Agreement and/or the Gamers Sans Frontieres Terms of Use, Gamers Sans Frontieres may inform you that Gamers Sans Frontieres is not be able to reinstate your work. Gamers Sans Frontieres may also request further information from you in order to determine whether the work can be reinstated.
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3.7In many circumstances, Gamers Sans Frontieres will forward your counter-notification (including the contact information in Section 3.4.3) to the complaining party or authorized agent thereof. At that time the complaining party may take legal action against you in Federal District Court. If after 14 days the complaining party has not taken legal action against you, you may contact Gamers Sans Frontieres to request that Gamers Sans Frontieres reinstate your work. If your work otherwise complies with Gamers Sans Frontieres Artist’s Agreement and/or the Gamers Sans Frontieres Terms of Use, Gamers Sans Frontieres may reinstate your work at that time.
- Please contact us with any questions regarding these Terms.