GAMERSDAILYNEWS.COM (GDN) and GAMERSDALYNEWS.CO.UK (GDNUK) TERMS OF USE Acceptance of Terms Welcome to GDN and GDNUK. Please review the following basic terms that govern your use of the GDN website. Please be advised that your use of this website constitutes your agreement to follow and be bound by the following Terms of Use. Modifications to Terms of Use We reserve the right, at our discretion, to update or revise these Terms of Use at any time. We will post such changes on GDN/GDNUK, and these additional or revised terms will become part of the agreement. Please check this Terms of Use document periodically for changes. Your continued use of the GDN website constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by GDN as permitted above. Website Content This website has been prepared solely to provide information on products and services offered by GDN/GDNUK, Inc and other affiliated companies. Although this website has been compiled in good faith, no representation is made as to the completeness or accuracy of the information it contains. The information contained on this website may be incomplete, may contain errors, or become out of date at any time. Sega makes no commitment and expressly disclaims any duty to update any of the content on this website. GDN reserves the right to add, modify, or delete any information on this website at any time. Accessing GDN.com/GDN.co.uk In order to access GDN website, you must have access to the World Wide Web provided by an Internet Service Provider ("ISP") of your choosing and you must pay any applicable fees for such access. GDN shall have no responsibility for the bandwidth of your connectivity or the operational speed of the ISP you have selected. Your Registration Responsibilities When registering for a GDN log in account, you agree to (a) provide true, accurate, current, and complete information as prompted by the account registration form and (b) to maintain and update this registration information to keep it true, accurate, current, and complete. GDN reserves the right to terminate your access to the log in areas of our site in the event you provide registration information which is false, inaccurate, not current, or incomplete. GDN's use of your registration information is governed by our privacy policy. Our privacy policy makes specific provisions for those visitors who are under 13 years of age. Please review the GDN.com Online Privacy Policy for further information. Restrictions on Use You agree to abide by all applicable local, state, national, and international laws and regulations in using the GDN.com website. You agree to not: (a) use GDN.com for illegal purposes; (b) use GDN.com in any manner which violates the rights of a third party, including without limitation intellectual property rights; (c) use GDN.com to post or otherwise communicate material which is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent or otherwise objectionable, or to post any links to any external Internet websites that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads; (d) use GDN.com to provide materials which contain viruses or other contaminating or destructive features; (e) cheat in any form with respect to online games or contests. Agreement to Rules of User Conduct GDN is not responsible for reviewing or authorizing content and materials freely posted in publicly accessible, interactive areas of the GDN website, such as Chat, Message Boards, and Profiles. Acceptance of GDN's Terms of Use constitutes your agreement to abide by any Rules of Conduct posted in such areas, as well as the restrictions and responsibilities outlined in this document. You agree to take full responsibility and liability for the accuracy and appropriateness of your posted content, and any consequences that may arise from posting in public areas of GDN.com. GDN reserves the right to delete, move, or edit any posted content that it may determine, in its sole discretion, violates these Terms of Use or is otherwise unacceptable. You agree that by using the GDN website, you grant GDN the right to convert, copy, display, edit, and distribute posted content. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences. GDN will not be held liable for damages of any kind arising from the use of the public posting areas of this website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. External Links to Third-Party Sites The GDN website contains links to other World Wide Web Internet sites. GDN is not responsible for the availability of these outside resources or their contents. The inclusion of such a link does not imply endorsement of the site or its contents or any association with its operators. GDN is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall GDN be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available on such sites. Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster. Indemnification Your use of the GDN website constitutes your agreement to defend, indemnify, and hold harmless GDN, and the employees, contractors, officers, and directors of GDN and its affiliated companies, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the GDN website or the use or misuse of GDN.com by a third party using your password. Termination These Terms of Use are effective until terminated. You agree that GDN may terminate your log in access to our website, including your user name and password, at any time for any reason without prior notice of liability. GDN may change, suspend, or discontinue all or any aspect of the GDN website at any time, including the availability of any feature, without prior notice or liability. Disclaimers and Limitations on Liability GDN PROVIDES THE GDN WEBSITE "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT OR OTHER MATERIALS MADE AVAILABLE USING THE GDN.COM WEBSITE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE GDN WEBSITE. YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE GDN WEBSITE. GDN SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN THE GDN WEBSITE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL GDN BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF GDN SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Copyright and Trademark Notice © GDN. All rights reserved. GDN/GDNUK and the GDN/GDNUK logo are either registered trademarks or trademarks of Gamers Media Network. Many of the logos, and characters are also trademarks or registered trademarks of Gamers Media Network. All other brands and product names are trademarks or registered trademarks of their respective holders. The use of any GDN trademark or service mark without express written consent is strictly prohibited. Console Copyright notices "PSP" is a trademark and "PlayStation" and the "PS" Family logo are registered trademarks of Sony Computer Entertainment Inc. Memory Stick Duo™ may be required (sold separately). TM, ®, Game Boy Advance, Nintendo GameCube, Nintendo Wii and Nintendo DS are trademarks of Nintendo. ©2004 Nintendo. Microsoft, Xbox, Xbox 360, Xbox Live, the Xbox logos, and the Xbox Live logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft. Intellectual Property You acknowledge and agree that all content, design elements, and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without GDN's prior written permission. Furthermore, you agree to not sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from GDN is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Except as provided below, GDN and its licensors retain all right, title and interest in and to the GDN website, excluding Your Content ("GDN Intellectual Property") You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the GDN Intellectual Property, in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of GDN. You agree to use the GDN website only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the GDN website. Please be advised that any information uploaded or transmitted by visitors to GDN, including but not limited to, chat and message board postings, and profile information, becomes the property of GDN. GDN reserves the right to display, modify, distribute, reproduce, use for promotional purposes, or delete any of this information at any time and for any reason without notice. Further, as the sole owner of all such feedback, opinions, and strategies, GDN may elect to utilize such information and to make changes or improvements based on that information without any payment or consideration of any kind to the party who first provided the information. Jurisdiction and Legal Notices These Terms of Use are governed by and construed in accordance with the laws of the State of Tennessee, excluding conflict of interest laws. You agree to submit to the personal jurisdiction of the courts of the State of Tennessee for any cause of action arising out of or relating to the GDN.com website or these Terms of Use. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. GDN.com may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to the GDN.com website must commence within one (1) year after the cause of action arose.