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Terms Of Use Agreement and Information (updated 1/10/11)


1. Introduction
MeltedJoystick.com is a social networking site that allows Members to share their gaming love with others. The services and network offered by MeltedJoystick.com ("MeltedJoystick.com or "MeltedJoystick", "Site") are owned operated by ImaJAN Media, L.L.C. (collectively, "we", "the Company") and include the MeltedJoystick.com features, content and any other services hosted by MeltedJoystick.com or the Company. By using MeltedJoystick either as a "Visitor" (which means you simply browse the site) or you are a "Member" (which means you are registered with MeltedJoystick.com) you signify that you have read, agree to and are legally bound to this Terms of Use Agreement ("Agreement"). We reserve the right to change, modify, edit and delete portions of this Agreement as we see fit without notice. If we do we will post this updated Agreement on this page for viewing with a date to signify the latest revisions. Any continued use of the Site will signify your acceptance of the new Agreement. If you do not agree to any part of this Agreement please discontinue use of MeltedJoystick.com and services immediately.


This Agreement includes MeltedJoystick.com's policy for acceptable use of the MeltedJoystick's Services and Content posted on the Site, your rights, obligations and restrictions regarding your use of the MeltedJoystick's Services and MeltedJoystick.com's Privacy Policy.


2. Eligibility
This Site is intended solely for Members and Visitors who are thirteen (13) years of age or older, and any use or access to MeltedJoystick.com and its Services is unauthorized, unlicensed and in violation of these Terms of Use. By using MeltedJoystick.com and its Services, you represent and warrant that you 13 or older and agree to abide by all terms and conditions in this Agreement. The Company may terminate your membership, remove your profile and any content, information that you have posted on the site and/or prohibit your from accessing the Site or its Services for any reason and at the Companies' sole discretion with or without notice.


Please choose carefully the information you post on MeltedJoystick.com and that you provide to other Members and Visitors. Your MeltedJoystick.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. MeltedJoystick.com is not responsible for monitoring the material and images posted (on your profile or as content) and assumes no responsibility for any offence this content may cause to MeltedJoystick.com's Members. If you become aware of misuse of MeltedJoystick Services by any person, please contact MeltedJoystick to report this inappropriate content.


3. Terms
This Agreement shall remain in full force and effect while you use the MeltedJoystick Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting MeltedJoystick.com using their contact form at the bottom of each page. Even after Membership is terminated, this Agreement will remain in effect, including sections 5 - 8.

 


4. Proprietary Content and Copyright
All content on the Web site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its Members or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own Member Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Member Content, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Site Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.


5. Member Content
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Members (collectively the "Member Content"). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any Member Content in its sole discretion, including without limitation Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. The company also prohibits "Trolling" and content/behavior that may be interpreted as harmful or derogatory to Members and MeltedJoystick.com.


By posting Member Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You may remove your Member Content from the Site at any time. If you choose to remove your Member Content, the license granted above will remain in effect until the Member notifies MeltedJoystick.com and Company directly (as directed in Section 9) to state their desire for the license to be terminated. Any use, including commercial use, of Member Content prior to this notification will remain the properties of MeltedJoystick.com and Company and no license will be recognized until after the notification takes place.


6. User Responsibility
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MeltedJoystick Services. MeltedJoystick.com reserves the right to investigate and take appropriate legal action against anyone who, in MeltedJoystick.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the MeltedJoystick Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MeltedJoystick.com:


1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent.
15. produces content that disrupts the site design, style, look, feel, or any other graphical mishaps.


The following is a partial list of the kind of activity that is illegal or prohibited on the MeltedJoystick Website and through your use of the MeltedJoystick Services. MeltedJoystick.com reserves the right to investigate and take appropriate legal action against anyone who, in MeltedJoystick.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:


1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the MeltedJoystick Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the MeltedJoystick Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MeltedJoystick.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MeltedJoystick.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MeltedJoystick Services, you acknowledge that you will have caused substantial harm to MeltedJoystick.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MeltedJoystick.com $50 for each such unsolicited email or other unsolicited communication you send through the MeltedJoystick Services;
3. any automated use of the system, such as using scripts to add friends or send comments or messages;
4. interfering with, disrupting, or creating an undue burden on the MeltedJoystick Services or the networks or services connected to the MeltedJoystick Services;
5. attempting to impersonate another Member or person;
6. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
7. selling or otherwise transferring your profile; 8. using any information obtained from the MeltedJoystick Services in order to harass, abuse, or harm another person;
9. using the MeltedJoystick Services in a manner inconsistent with any and all applicable laws and regulations.


7. Privacy.
Use of the MeltedJoystick Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

 

8. MeltedJoystick Contact Importer
MeltedJoystick uses a contact importer for several functions on MeltedJoystick. ImaJAN Media, LLC does not store, distribute, sell, or utilize any emails that are populated, sent to, or used in anyway. No data is collected during the use of the contact import. Emails that are populated are considered private and ImaJAN Media, LLC will not use them in anyway other than to send the requested email that a member or non member wishes to send.


8. Other
This Agreement is accepted upon your use of the MeltedJoystick Website or any of the MeltedJoystick Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MeltedJoystick.com regarding the use of the MeltedJoystick Services. The failure of MeltedJoystick.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. MeltedJoystick.com is a trademark of ImaJAN Media, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed serveable from this Agreement and does not affect the validity and enforceability of any remaining provisions.


9. Copyright Claim Information
If you believe that any material on the Site infringes upon any copyright which you own or control, or you wish to end the content license as granted in Section 5 you may send a written notification of such infringement as directed below:

Name: ImaJAN Media, LLC.
E-Mail: business@meltedjoystick.com

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 
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