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General Website Terms and Conditions of Use

Definitions

In this Agreement, “you” and “your” refer to the user of this website(s) “website.” The words “The Daily Gawk,” “we,” “our,” “I,” “me,” and “us” refer to the Daily Gawk and/or the Daily Gawk “Agreement” refers to the terms and conditions stated below, or as amended by us from time to time.

General

The website includes a wealth of information, including comments, opinions, articles, advertisements, graphics, photographs, videos, forms, and forums (collectively “content”). we provide such content as a service to our users; however, it is not intended to serve as a substitute for any professional advice, such as legal or financial advice. we urge you to seek advice from a competent professional before taking any action based on the content contained on this website. we strive to provide you quality content; however, we make no representation as to the accuracy, completeness, timeliness or suitability of such information. It is your responsibility to evaluate the information contained on this site. We will not be liable for any damages resulting from your use of the information on our website.

The content available through this website is property of the Daily Gawk, or of the licensors or licensees of the Daily Gawk (collectively “the Daily Gawk”). This content is protected by trademark, copyright, and/or other intellectual property laws. Information received through this website may be reformatted, displayed, and printed for your personal, non-commercial use on the condition that you do not change, delete, hide, remove, or in any way make ineffective the trademark, copyright, or proprietary notices therein. You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of this website, or access to this website. You agree not to create or establish, or direct any other person to create or establish: (i) a hyperlink, including but not limited to any deep link, to any page or location on this website; or (ii) a frame containing any portion of this website, on any other website or text document with hyperlink capabilities. You are, however, free to establish a hypertext link to the main or top level web page of this website from your home page, provided that the link properly attributes this website to us and does not imply any sponsorship of your site by us and/or our affiliates or sponsors or vice versa. You may not, however, create a link that incorporates or relies upon, in whole or in part, any content from any page on this website, or that incorporates any copyrights, trademarks, or other intellectual property belonging to me unless you obtain the prior written consent from us. Requests for permission to establish links to this site may be sent via eMail by visiting the contact page.

If you download software, files, and/or images contained in or generated by software, or data accompanying software (collectively referred to as the “software”) from this website then you are deemed to have downloaded such software solely for your personal, non-commercial home use. We transfer neither the title nor the intellectual property rights to the Software upon the download of the Software. Rather, we retain full and complete title to the Software as well as all intellectual property rights. You may neither sell, distribute, redistribute, license, nor reproduce the Software, nor may you decompile, reverse engineer, or otherwise convert the software to human-perceivable form.

Important Age Requirements

By continuing to use this website, you hereby represent to the Daily Gawk that you are 13 years of age or older. The age requirements differ from country to country. If you are under 18 years of age, you may need to obtain the permission of your parent(s) or legal guardian to use this website. we strongly suggest that you check your local, state, province, country or regional legal restrictions that may be applicable to your use of this website. See our Parental Consent Page to find out how your parent can provide consent. For example, if you are under 20 years of age and live in Japan, you may need to obtain the permission of your parent(s) or legal guardian to use this website. See our Parental Consent Page to find out how. In other countries like Australia, Austria, Belgium, Canada, Denmark, France, Germany, Netherlands, New Zealand, Norway, Portugal, Republic of Ireland, Spain, Switzerland and the United Kingdom, if you are under 18 years of age and live in one of these countries, you may need to obtain the permission of your parent(s) or legal guardian to use this website. See our Parental Consent Page to find out how.

Modifications to this Website

We reserve the right to modify or discontinue, temporarily or permanently, this website (or any part thereof) from time to time, for any or no reason and without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website. The information and materials contained on this website are subject to change without notice.

Links to Third Parties

The website contains links to websites created and maintained by third parties. We do not endorse or recommend the content, products or services provided by any such third-party websites. You understand that we have no control over such third-party sites, and therefore is not responsible for the content of any such third-party sites or the content of any site linked to such third party sites. We will not be liable for any damage or loss caused by or in connection with the use of or reliance on any such content, products or services available on or through such third-party websites.

Chat, Bulletin Boards, and other Submissions

The Message Board service enables you to participate in chat forums on various game-related topics. You may also post a message on this website’s bulletin board. You acknowledge and agree that if you submit any content to forums, you will be solely responsible for such content. we will not be liable in any way for any such content submitted. You further agree that you will not submit any content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way; submit any content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights; submit any content which contains a virus or other harmful components; engage in activity that interferes with or disrupts the use of this website by other users; submit any content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities; make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity; make use of the Message Board for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted. the Daily Gawk does not pre-screen, monitor or edit the content posted or submitted to Forums. However, the Daily Gawk reserves the right to edit, limit or remove any such content in its sole discretion. Notwithstanding, you shall remain solely responsible for any content you submit or post.

We may establish procedures and practices relating to the use of and participation in the Forums. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number of participants in any chat room at any given time and the number of days messages on the bulletin board will be saved before deletion. we will not be responsible for any content deleted by the Daily Gawk or otherwise, or for your inability to submit any content. By submitting content, via chat or any other means, to this website, you grant me a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such content or incorporate such content into any form, medium, or technology now known or hereafter developed. Further, we will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including but not limited to research, development, manufacturing, and marketing of products and other items incorporating such ideas. If you are not the owner of the content submitted, you warrant that you have received all necessary consents from the owner of such rights. You will hold me harmless if any such content submitted is in violation of any such rights.

When participating in any bulletin board or chat room, you may be exposed to content that is inaccurate, incomplete or unsuitable. You should use extra caution with respect to any content posted or transmitted on our bulletin board or chat room. We urge you not to take any action based on any such content. We will not be responsible for the content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information. In consideration of our continuing efforts to enhance and improve our website and its associated products and services and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how, or techniques to me without any compensation in return. You also agree to execute any and all documents that we may reasonably request in connection with confirming our ownership of and unlimited right to use such ideas, concepts, know-how, and techniques. When submitting any comments in any form to this website, whether it be via chat services, bulletin board services, customer feedback eMail, or the like you, are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this website will:violate any right of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights; be libelous or contain libelous or other otherwise unlawful, abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party; disparage the products or services of any third party; or contain any personal information (other than your eMail address or user name).

Disclaimer of Warranties

We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material contained on this website. we disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material in respect to this website. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on or thorough this website. All materials, including, but not limited to, annual reports to shareholders and press releases reproduced on this website speak as of the original date of publication. The fact that a document is available on this website does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. We have no duty or policy to update any information or statements contained on this website, and therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this website may include technical inaccuracies or typographical errors. Changes may be made from time to time without updates to either the content on this website or the software and other products provided on this website.

THE PRODUCTS OR SERVICES OFFERED ON THE SITE ARE PROVIDED OR LICENSED “AS IS” WITH NO WARRANTIES WHATSOVEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, the Daily Gawk DISCLAIMS ANY WARRANTIES FOR SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE WEBSITE. WE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THIS WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES OF THE WEBSITE IS AT YOU OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO OR CLAIMS IN RESPECT THEREOF, INCLUDING WITHOUT LIMITATION, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability

IN NO EVENT WILL WE , OR ANY OF OUR AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, LOSS OF PRIVACY AND LOSS OF USE, ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR SYSTEM FAILURE, EVEN IF the Daily Gawk, HF, OR AFFILIATES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN ADDITION, IN NO EVENT WILL the Daily Gawk BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDER OF TELECOMMUNICATIONS SERVICES, INTERNET ACCESS OR COMPUTER EQUIPMENT OR SOFTWARE OR FOR ANY CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD OR OTHER NATURAL DISASTER, WAR, RIOT, STRIKE, ACT OF CIVIL OR MILITARY AUTHORITY, EQUIPMENT FAILURE, COMPUTER VIRUS, OR FAILURE OR INTERRUPTION OF ELECTRICAL, TELECOMMUNICATIONS OR OTHER UTILITY SERVICES. (Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the foregoing limitations may not apply to you.)

Indemnification

You agree to indemnify and hold us and our affiliates harmless and subsidiaries from and against any claims arising out of or relating to:content you submit, post to or transmit through this website; your connection to this website; your violation of this Agreement; or your violation of any rights of any person in connection with this website.

Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAW RULES OF SUCH STATE.

Amendments

The terms of this Agreement may be amended by the Daily Gawk from time to time. In such event, we will post the amended terms on this website. If you use this website after we post such a change on this website, it will constitute your agreement to the revised terms. You may terminate this Agreement by not using this website if you do not agree with any such amendment.

Termination

We may suspend or terminate your use of this website at any time, without notice for any reason and accordingly deny your access to this website. we have the sole discretion in determining whether to terminate your access to this website. You may also terminate your own use of this website by refraining from using this website. Upon the termination of your use of this website, whether termination is by the Daily Gawk or according to your own discretion, you must promptly remove, delete, or destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Assignment

You may not assign the Agreement to any other party. we may assign the Agreement to any current or future, directly or indirectly, affiliated company and to any successor. We also may delegate certain rights and responsibilities under the Agreement to independent contractors or other third parties.

Miscellaneous

This Agreement constitutes the full agreement between you and us related to the use of this website. If any provision of this Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. We may choose not to exercise or to delay enforcement of any of our rights under this Agreement without losing them. Use of this website will constitute your signature to this agreement and evidence that you have read, understand, accept and agree to the terms of the Agreement. You may print a copy of this Agreement for your records.

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