Terms of Use

ProGamer is a web-based broadcast ecommerce service that offers a social network user-pages, video sharing and hosting capabilities and a ecommerce platform; Members are allowed to create unique profiles around their interests and attitudes specifically, in the world of gaming. In addition, members are invited to post their own videos of gaming related content. These service are complimented with a full service shopping system. The services offered by Progamer.net ("Progamer.net" or "we") include the Progamer.net website, the Progamer.net video hosting service as well as our ecommerce service, and any other features, content, or functions offered by Progamer.net, or ProGamer in association with Progamer.net.  The ProGamer Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your operation of the ProGamer Services. By using the ProGamer Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse our ProGamer Website) or you are a "Member" (which means that you have registered with Progamer.net). The term "User" refers to a Visitor or a Member. You are only authorized to use the ProGamer Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and keep it for your records. If you do not agree with it, you should leave the ProGamer Website and discontinue use of the ProGamer Services immediately. If you wish to become a Member, communicate with other Members and make use of the ProGamer Services, you must read this Agreement and indicate your acceptance during the Registration process.

Website Access

A.   ProGamer hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without ProGamer's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B.   In order to access some features of our Website, you will have to create a membership account. You may not use another' members account without their expressed permission. When creating your account, you must provide us with accurate and inclusive information about yourself. You are sole responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ProGamer immediately of any breach in security or unauthorized use of your account. Although ProGamer will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ProGamer or others due to such unauthorized use.

C.   You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website that sends more request messages to the ProGamer servers in any given time period than a person can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Intellectual Property Rights

The content on the ProGamer Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ProGamer, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you 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 without the prior written consent of the respective owners. ProGamer reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ProGamer Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ProGamer Website or the Content therein.

User Submissions

A.   The ProGamer Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ProGamer does not guarantee any confidentiality with respect to any submissions.

B.   Members shall be solely responsible for their own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ProGamer to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to ProGamer, you hereby grant ProGamer a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ProGamer Website and ProGamer's (and its successor's) business, including without limitation for promoting and redistributing part or all of the ProGamer Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ProGamer Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the ProGamer Website.

C.   In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ProGamer all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ProGamer or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. ProGamer does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ProGamer expressly disclaims any and all liability in connection with User Submissions. ProGamer does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ProGamer will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ProGamer reserves the right to remove Content and User Submissions without prior notice. ProGamer will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. ProGamer also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ProGamer may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D.   In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) .

ProGamer's designated Copyright Agent to receive notifications of claimed infringement is: Site Admin email: administrator@Progamer.net, telephone:310-301-4263, fax:310-301-4263. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ProGamer customer service through http://www.Progamer.net/Site.contact. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

E.   You understand that when using the ProGamer Website, you will be exposed to User Submissions from a variety of sources, and that ProGamer is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and hereby waive, any legal or equitable rights or remedies you have or may have against ProGamer with respect thereto, and agree to indemnify and hold ProGamer, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF PROGAMER IS AT YOUR SOLE RISK.  PROGAMER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROGAMER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGAMER (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). PROGAMER MAKES NO WARRANTY THAT PROGAMER WILL MEET YOUR REQUIREMENTS, OR THAT PROGAMER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. PROGAMER MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PROGAMER, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH PROGAMER, OR THAT DEFECTS IN PROGAMER WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PROGAMER IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROGAMER OR THROUGH PROGAMER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PROGAMER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE PROGAMER..

Indemnity

You agree to defend, indemnify and hold harmless ProGamer, its parent corporation, 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 ProGamer Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ProGamer Website.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ProGamer without restriction.

General

You agree that: (i) the ProGamer Website shall be deemed solely based in California; and (ii) the ProGamer Website shall be deemed a passive website that does not give rise to personal jurisdiction over ProGamer, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and ProGamer that arises in whole or in part from the ProGamer Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice at http://www.Progamer.net/ and any other legal notices published by ProGamer on the Website, shall constitute the entire agreement between you and ProGamer concerning the ProGamer Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ProGamer's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ProGamer reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ProGamer Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PROGAMER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGAMER WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.