Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to ImpulseDriven.net. GameStop ("GameStop" or "we") provides the ImpulseDriven.net service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can
review the most current version of the TOS at any time at: http://www.ImpulseDriven.net/terms. Please note that other GameStop services (like TextBanners.net, ObjectDesktop.net, etc) are governed by a different Terms of Service.
2. DESCRIPTION OF SERVICE
ImpulseDriven.net currently provides users with access to web page hosting services, specifically for JoeUser-powered web pages (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current
Service, shall be subject to this TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. MEMBER CONDUCT
Members under the age of 18 years old must have permission from their parent or guardian before agreeing to these terms and conditions. You understand that all information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GameStop, are entirely responsible for all Content that you upload, post or otherwise
transmit via the Service. GameStop does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
(b) harm minors or other users in any way;
(c) impersonate any person or entity, including, but not limited to, a GameStop official, forum leader, guide, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or
entity;
(d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements), or that encourages or assists with cheating, cracking, rooting, and similar activities that are not expressly authorized by the applicable intellectual property owner;
(e) upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
(g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(h)
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(i) "stalk" or otherwise harass another;
(j) make malicious personal attacks, statements of libel, or other behavior deemed unacceptable by
administrators.
(k) collect or store personal data about other users;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but
is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(m) send chain letters, junk mail, spam or any use of distribution lists to any person who has not given specific permission to be included in such a
process.
(n) Interfere with another member's use and enjoyment of the Service, the provision of the Service or another entity's use and enjoyment of similar services.
(o) promote or advertise sexual or pornographic material or websites; or
(p) engage in activities
that are disruptive, in bad taste, damaging to the Service or the community, or otherwise inappropriate or inconsistent with the intended purpose of the Service.
4. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities which occur under your account. You may change your password at any time; you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify GameStop of any unauthorized use of Member's account or any
other breach of security known to Member.
5. CONTENT SUBMITTED TO
ImpulseDriven.net/GameStop does not claim ownership of the Content you place on your ImpulseDriven.net Site. GameStop may quote or reproduce in whole or part of your content (if you have made it public) in order to promote your
ImpulseDriven.net site and/or the ImpulseDriven.net service or the GameStop business generally in any manner or media existing now or in the future.
You acknowledge that GameStop does not pre-screen Content, but that GameStop and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. GameStop has the right, but does not undertake the
obligation, to monitor the Service for any Content that it deems objectionable. GameStop reserves the right to remove any Content at any time for any reason. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
6. INDEMNITY
You agree to indemnify and hold GameStop, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
8. MODIFICATIONS TO SERVICE
GameStop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GameStop shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
9. TERMINATION
You agree that GameStop, in its sole discretion, may terminate your password, ImpulseDriven.net Site, use of the Service or use of any other GameStop service, and remove and discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if GameStop believes that you have violated or acted inconsistently with the letter or spirit of the TOS. GameStop may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that GameStop may immediately deactivate or delete your ImpulseDriven.net Site and all related information and files in your ImpulseDriven.net Site
and/or bar any further access to such files or the Service. Further, you agree that GameStop shall not be liable to you or any third-party for any termination of your access to the Service.
10. ADVERTISEMENTS AND PROMOTIONS
GameStop runs advertisements and promotions on ImpulseDriven.net Sites. By creating your ImpulseDriven.net Site, you agree that GameStop has the right to run such advertisements and promotions. You also agree that you will not
attempt to block or otherwise interfere with advertisements displayed on your ImpulseDriven.net site via JavaScript or any other means. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by GameStop on your ImpulseDriven.net Site is subject
to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that GameStop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
11. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by
GameStop or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAMESTOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) GAMESTOP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED, (vi) THE CONTENT WILL BE PERMANENTLY BACKED UP OR DUPLICATED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMESTOP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMESTOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAMESTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL GAMESTOP BE LIABLE TO YOU FOR DAMAGES EXCEEDING THE GREATER OF $50 OR THE AMOUNTS THAT YOU PAID GAMESTOP IN CONNECTION WITH THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT
APPLY TO YOU.
15. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
16. GENERAL INFORMATION
The TOS constitute the entire agreement between you and GameStop and govern your use of the Service, superceding any prior agreements between you and GameStop or ImpulseDriven.net (including, but not limited to, any prior versions of the
TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other GameStop services, third-party content or third-party software. The TOS and the relationship between you and GameStop shall be governed by the laws of the State of Michigan without
regard to its conflict of law provisions. You and GameStop agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Wayne, Michigan. The failure of GameStop to exercise or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The
section titles in the TOS are for convenience only and have no legal or contractual effect.
17. VIOLATIONS
Please report any violations of the TOS to GameStop at downloadsupport@gamestop.com.
18. STORAGE AND OTHER LIMITATIONS
GameStop assumes no responsibility for the deletion or failure to store information entered into ImpulseDriven.net. GameStop has set no fixed upper limit on the number or posts Member may send or receive through the
Service or the amount of storage spaced used; however, GameStop retains the right, at GameStop's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member's conduct is found to be inconsistent
with the TOS.
19. CLAIMS OF INFRINGEMENT
We have adopted a policy that provides for the suspension and/or termination of any Service user who is found to have repeatedly infringed on the intellectual property rights of a third party, or otherwise violated any
intellectual property laws. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a)
a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification,
a representative list of such works; (c) identification of the material that is claimed to be infringed 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 you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this
notification to be effective, you must provide it to our designated agent at:
GameStop
Legal Department
625 Westport Pkwy
Grapevine, TX 76051
Fax: (817) 424-2002
support@impulsedriven.com