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GamerCreated.com Privacy Policy: Site administrators will never share your information with any third-parties, outside employees or vendors. Your email address will never be displayed readable by search engines, and sensitive information is stored with encryption.
Introduction

Welcome to GamerCreated.com and Blast Works Depot. GamerCreated.com and Blast Works Depot provides its services and offerings (the "GamerCreated.com and Blast Works Depot Service," as further described below) to you subject to the following Terms of Use ("TOU"). In addition, when using the GamerCreated.com and Blast Works Depot Service, you shall be subject to any posted guidelines and rules applicable to such service, which may be posted from time to time. All such guidelines and rules are incorporated by reference into these TOU.

PLEASE READ THESE TOU CAREFULLY. By accessing or using the GamerCreated.com and Blast Works Depot Service, you, either an individual or a single entity ("you" or "your" as applicable), are bound by the notices, terms and conditions in this TOU and, as applicable, elsewhere on www.GamerCreated.com and Blast Works Depot.com (including but not limited to our Privacy Policy, which is incorporated by reference). If you register on behalf of a business, you represent to GamerCreated.com and Blast Works Depot that you have the authority to bind that business and your acceptance of these TOU will be treated as acceptance by that business. In that event, "you"and "your" will refer to that business in these TOU. If you do not agree to any of these terms and conditions, you may not use the GamerCreated.com and Blast Works Depot Service.

The GamerCreated.com and Blast Works Depot Service

The GamerCreated.com and Blast Works Depot Service is comprised of (i) the GamerCreated.com and Blast Works Depot website, currently located at www.GamerCreated.com and Blast Works Depot.com (and/or any successor or additional website(s) owned or operated by or for GamerCreated.com and Blast Works Depot); (ii) the GamerCreated.com and Blast Works Depot client, a downloadable application to upload, download and view content (the "GamerCreated.com and Blast Works Depot Client"); (iii) the servers operated by or on behalf of GamerCreated.com and Blast Works Depot; and/or (iv) any other technology and/or services that GamerCreated.com and Blast Works Depot provides its users. The GamerCreated.com and Blast Works Depot Service enables you to make content available to other users of the GamerCreated.com and Blast Works Depot Service and to access content made available by other users of the GamerCreated.com and Blast Works Depot Service. All comments and other communications posted or published by you or other users on the GamerCreated.com and Blast Works Depot Service, including in any forum, chat, discussion group, feedback area, news group or email, is referred to as "User Material." "Game Material" for purposes of this Agreement is the game content you upload to the GamerCreated.com and Blast Works Depot Service. You are solely responsible for any User Material that you upload and publish to the GamerCreated.com and Blast Works Depot Service, including complying with these TOU.

You shall be solely responsible for your own User Material and the consequences of posting or publishing it on the GamerCreated.com and Blast Works Depot Service. In connection with User Material that you make available on the GamerCreated.com and Blast Works Depot Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize GamerCreated.com and Blast Works Depot to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of the GamerCreated.com and Blast Works Depot Service and in the manner contemplated by these TOU. By submitting, posting, uploading, emailing or otherwise providing User Material to GamerCreated.com and Blast Works Depot, you hereby grant (or warrant that the owner of such rights has expressly granted) GamerCreated.com and Blast Works Depot a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the GamerCreated.com and Blast Works Depot Service and GamerCreated.com and Blast Works Depots (and its successors) business, including without limitation for promoting and redistributing part or all of the GamerCreated.com and Blast Works Depot Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Material you submit have been waived. You also hereby grant each user of the GamerCreated.com and Blast Works Depot Service a non-exclusive license to access your User Material through the GamerCreated.com and Blast Works Depot Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the GamerCreated.com and Blast Works Depot Service and under these TOU.

GamerCreated.com and Blast Works Depot does not guarantee that any User Material or Game Material will be made available on the GamerCreated.com and Blast Works Depot Service, whether continuously or at all. GamerCreated.com and Blast Works Depot shall have no obligation to monitor any User Material and Game Material. However, GamerCreated.com and Blast Works Depot and its agents reserve the right to monitor any User Material and Game Material from time to time for any lawful purpose. GamerCreated.com and Blast Works Depot may, without notice to you, remove or block any User Material and/or Game Material from the GamerCreated.com and Blast Works Depot Service, including disabling access to such User Material and/or Game Material that you have downloaded through the GamerCreated.com and Blast Works Depot Service.

Registration

Registration is not required to view most User Material and Game Material provided as part of the GamerCreated.com and Blast Works Depot Service. However, you are required to register if you wish to post a comment or upload game content, download the GamerCreated.com and Blast Works Depot Client or view certain User Material and Game Material. If you wish to download the GamerCreated.com and Blast Works Depot Client you will be subject to additional terms and condition relating to the license and use of the GamerCreated.com and Blast Works Depot Client.

To register, you will have to create an account. As a condition to using such components of the GamerCreated.com and Blast Works Depot Service, you will be asked to register with GamerCreated.com and Blast Works Depot and select a password and screen name ("GamerCreated.com and Blast Works Depot User ID"). You shall provide GamerCreated.com and Blast Works Depot with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this TOU, which may result in immediate termination of your GamerCreated.com and Blast Works Depot account. You may not (i) select or use as a GamerCreated.com and Blast Works Depot User ID a name of another person with the intent to impersonate that person; (ii) use as a GamerCreated.com and Blast Works Depot User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a GamerCreated.com and Blast Works Depot User ID a name that is otherwise offensive, vulgar or obscene. GamerCreated.com and Blast Works Depot reserves the right to refuse registration of, or cancel a GamerCreated.com and Blast Works Depot User ID in its sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GamerCreated.com and Blast Works Depot immediately of any breach of security or unauthorized use of your account. Although GamerCreated.com and Blast Works Depot will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GamerCreated.com and Blast Works Depot or others due to such unauthorized use. All registration information provided by you shall be subject to GamerCreated.com and Blast Works Depot's Privacy Policy or any successor thereto.

Content on the GamerCreated.com and Blast Works Depot Network

Content on GamerCreated.com and Blast Works Depot is meant for all audiences. You understand that you will be exposed to User Material from a variety of publishers and that GamerCreated.com and Blast Works Depot is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GamerCreated.com and Blast Works Depot with respect thereto, and agree to defend, indemnify and hold harmless GamerCreated.com and Blast Works Depot, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the GamerCreated.com and Blast Works Depot Service.

User Conduct

GamerCreated.com and Blast Works Depot grants you permission to use the GamerCreated.com and Blast Works Depot Service subject to all of the terms and conditions set forth in these TOU.

As a condition of use, you agree not to use the GamerCreated.com and Blast Works Depot Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the GamerCreated.com and Blast Works Depot Service is expressly prohibited.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Material using any communications service or other service available on or through the GamerCreated.com and Blast Works Depot Service, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (ii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or (iii) misrepresents the source or identity of any content; or (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") or a chain letter, a pyramid scheme or any other similar solicitation; or (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of GamerCreated.com and Blast Works Depot or any third party; or (vi.) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of GamerCreated.com and Blast Works Depot; or (vii) constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause GamerCreated.com and Blast Works Depot to violate any applicable law or regulation.

Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in GamerCreated.com and Blast Works Depot's sole discretion, an unreasonable or disproportionately large load on GamerCreated.com and Blast Works Depot's infrastructure; (ii) interfere or attempt to interfere with the proper working of the GamerCreated.com and Blast Works Depot Service or any activities conducted on the GamerCreated.com and Blast Works Depot Service; (iii) bypass any measures GamerCreated.com and Blast Works Depot may use to prevent or restrict access to the GamerCreated.com and Blast Works Depot Service, other accounts, or computer systems or networks connected to the GamerCreated.com and Blast Works Depot Service; or (iv) interfere with any other users enjoyment of the GamerCreated.com and Blast Works Depot Service, including, without limitation, accessing an account of a GamerCreated.com and Blast Works Depot user that is not yours.

You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the GamerCreated.com and Blast Works Depot Service or any content available through the GamerCreated.com and Blast Works Depot website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.

You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the GamerCreated.com and Blast Works Depot Service in a manner which sends more request messages to the GamerCreated.com and Blast Works Depot server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.

You shall not harvest or collect information from the GamerCreated.com and Blast Works Depot Service, including, without limitation, information about other users of the GamerCreated.com and Blast Works Depot Service. The use of any information learned through the GamerCreated.com and Blast Works Depot Service or while in the GamerCreated.com and Blast Works Depot website is limited to the express purposes set forth in these TOU; all other uses are strictly prohibited.

Ownership

The content accessible through the GamerCreated.com and Blast Works Depot Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "GamerCreated.com and Blast Works Depot Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to GamerCreated.com and Blast Works Depot, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these TOU, the GamerCreated.com and Blast Works Depot Content, Marks, User Material and Game Material is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these TOU or without the prior written consent of GamerCreated.com and Blast Works Depot. GamerCreated.com and Blast Works Depot reserves all rights not expressly granted in and to the GamerCreated.com and Blast Works Depot Service and the GamerCreated.com and Blast Works Depot Content. If you download or print a copy of the GamerCreated.com and Blast Works Depot Content, User Material or Game Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the GamerCreated.com and Blast Works Depot Service or features that prevent or restrict use or copying of any GamerCreated.com and Blast Works Depot Content, User Material or Game Material.

Copyright Policy

GamerCreated.com and Blast Works Depot respects the rights of copyright holders. We have established a copyright policy which is incorporated herein by reference.

Termination

GamerCreated.com and Blast Works Depot may terminate your access to all or any part of the GamerCreated.com and Blast Works Depot Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the GamerCreated.com and Blast Works Depot Service at any time, provided that all provisions of this TOU, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

THE GamerCreated.com and Blast Works Depot SERVICE, GamerCreated.com and Blast Works Depot CONTENT AND MARKS ARE PROVIDED BY GamerCreated.com and Blast Works Depot "AS IS" AND "AS AVAILABLE". GamerCreated.com and Blast Works Depot MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE GamerCreated.com and Blast Works Depot SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, GamerCreated.com and Blast Works Depot DISCLAIMS ALL WARRANTIES REGARDING THE GamerCreated.com and Blast Works Depot SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE GamerCreated.com and Blast Works Depot SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE GamerCreated.com and Blast Works Depot SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, GamerCreated.com and Blast Works Depot DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE GamerCreated.com and Blast Works Depot SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND GamerCreated.com and Blast Works Depot WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.

Limitation of Liability

IN NO EVENT SHALL GamerCreated.com and Blast Works Depot OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE GamerCreated.com and Blast Works Depot SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE GamerCreated.com and Blast Works Depot SERVICE (INCLUDING BUT NOT LIMITED TO, GamerCreated.com and Blast Works Depot CONTENT AND GamerCreated.com and Blast Works Depot MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF GamerCreated.com and Blast Works Depot OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GamerCreated.com and Blast Works Depot ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR GAME MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE GamerCreated.com and Blast Works Depot SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE GamerCreated.com and Blast Works Depot SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GamerCreated.com and Blast Works Depot WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GamerCreated.com and Blast Works Depot WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE GamerCreated.com and Blast Works Depot SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE GamerCreated.com and Blast Works Depot SERVICE.

SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, GamerCreated.com and Blast Works Depot'S AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You agree to defend, indemnify and hold harmless GamerCreated.com and Blast Works Depot and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "GamerCreated.com and Blast Works Depot Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the GamerCreated.com and Blast Works Depot Service; (ii) your violation of any term of these TOU; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any User Material you upload and publish on the GamerCreated.com and Blast Works Depot Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the GamerCreated.com and Blast Works Depot Indemnitees. GamerCreated.com and Blast Works Depot shall have the right, in its sole discretion, to select its own legal counsel to defend the GamerCreated.com and Blast Works Depot Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the GamerCreated.com and Blast Works Depot Indemnitees in connection therewith. You shall not, without the prior express written approval of GamerCreated.com and Blast Works Depot, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any GamerCreated.com and Blast Works Depot Indemnitee. This defense and indemnification obligation will survive these TOU and your use of the GamerCreated.com and Blast Works Depot Service.

Miscellaneous

Acceptance. If you do not accept all of the terms and conditions set forth in these TOU, you may not access or use the GamerCreated.com and Blast Works Depot Service.

Ability to Accept. The GamerCreated.com and Blast Works Depot Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these TOU. If you are under 13 years of age, you may not register for or use the GamerCreated.com and Blast Works Depot Service.

Modification. GamerCreated.com and Blast Works Depot shall have the right to modify these TOU at any time, which modification shall be effective immediately following GamerCreated.com and Blast Works Depot's posting of such change on its website. We recommend that you check the GamerCreated.com and Blast Works Depot website regularly for any such changes. Your use of the GamerCreated.com and Blast Works Depot Service following such posting shall be deemed to constitute your acceptance of such modification. These TOU may not otherwise be changed or modified, except in a writing signed by an authorized representative of GamerCreated.com and Blast Works Depot.

Enforceability and Waiver. If any provision of these TOU is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOU will not be affected. No delay or failure by GamerCreated.com and Blast Works Depot to exercise or enforce any of its rights under these TOU will act as a waiver of such rights.

Privacy Policy. Your use of the GamerCreated.com and Blast Works Depot Service is subject to your acceptance of our Privacy Policy, which is incorporated by reference. Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information.

Links to Third Party Websites. As a convenience for its users, GamerCreated.com and Blast Works Depot may provide links on this website to other websites owned by third parties. Unless otherwise stated, GamerCreated.com and Blast Works Depot does not endorse or control these third parties and takes no responsibility for them or their websites.

Export and International Use. The GamerCreated.com and Blast Works Depot Service is controlled and offered by GamerCreated.com and Blast Works Depot from its facilities in the United States of America. GamerCreated.com and Blast Works Depot makes no representations that the GamerCreated.com and Blast Works Depot Service is appropriate or available for use in other locations. Those who access or use the GamerCreated.com and Blast Works Depot Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Governing Law, Jurisdiction and Venue. These TOU shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles.

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