Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, governs our relationship with you in relation to the site. If you disagree with any part of the terms, please do not access the site.
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
You do not have to be a member of the Site to enjoy some of the features of the Site. In particular, the Site users who are not members may view some of the content on the Site as long as they comply with our standards of conduct. However, members receive additional benefits, subject to our standards of conduct from time-to-time. We may change the benefits, features and levels of membership from time-to-time by sending you an email or by posting the changes on the Site. Our provision of the above benefits to you, including the Marketplace (defined in section 9(a)) and all other services we provide on the Site, are collectively the “Services”. GameFilmHub may use third parties to provide some or all of the Services. The Services may be provided using servers and other equipment located in any country including the United Kingdom, the United States and elsewhere.
By registering as a member you represent and warrant to us that:
(a) you are an individual who can form a legally binding contract at law; and
(b) you are at least 18 years old, and of the age of majority in the jurisdiction from which you access the Site.
Minors are not allowed to use GameFilmHub
4. Account, User Name and Password
(a) You must select a unique user name for your account. You must not use a user name that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We may modify user names as we see fit.
(b) You must keep your password secure and confidential.
(c) You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
(d) All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
5. Access and Use of Services
You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
Many portions of the Site are free to use. However, if you wish to use any of the premium services or wish to purchase any products available on the Site, you agree to pay GameFilmHub the prices posted on the Site for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the Site. Payments must be made in advance. GameFilmHub may change the fees from time-to-time.
7. Payment Options
You may pay GameFilmHub through the payment options made available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If GameFilmHub allows you to pay GameFilmHub directly via credit card, then you authorize GameFilmHub to charge all amounts to the credit card number you provide to GameFilmHub. If your credit card payment is rejected or refused you will immediately pay GameFilmHub the amount due and provide GameFilmHub with an alternative credit card number for future payments. You represent and warrant to GameFilmHub that each credit card you use for payment to GameFilmHub either belongs to you, and you have the right to charge all such payments on the credit card(s).
You will pay GameFilmHub simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date payment (including accrued interest thereon) is made in full.
9. GameFilmHub Marketplace for Content Providers
GameFilmHub Marketplace (the “Marketplace”) is a Service that allows you to commercialize some of Your Content (defined in section 15) through the Site. There are two types of products that are now, or may in the future be, available for sale through the Marketplace, i.e.: Digital Products and Hard Products. All of Your Content, whether it is a Digital Product, Hard Product, a description of a Digital Product or Hard Product, or otherwise, must comply with these Terms, and GameFilmHub reserves the right to remove any of Your Content that GameFilmHub determines in its sole discretion does not comply with these Terms. You grant GameFilmHub rights in Your Content as set out in section 16 below.
b. Digital Products
Digital Products are products such as tutorials, software tools, stock assets and other electronic products that you upload to the Site and make available through the Marketplace. If you opt to allow any of Your Content to be commercialized as Digital Products, then you agree as follows:
(i) You must set a price for each of your Digital Products. You hereby authorize us to license copies of those products at that price, plus applicable taxes.
(ii) You must specify the licence terms that apply to each Digital Product you make available through the Marketplace. You will have the option of specifying one of our standard licence terms or providing your own licence terms. We do not represent or warrant that any documentation or information we provide complies with any jurisdiction’s laws, and you should obtain advice from a qualified professional before preparing or implementing any terms. You acknowledge and agree that the licence terms are between you and the purchaser, and that we do not have any obligation to enforce those terms or to attempt to resolve any dispute between you and a purchaser.
(iii) After we have completed a transaction in connection with any of your Digital Products, we will make the Digital Products available to the purchaser according to the applicable licence terms you have specified. You hereby grant us a royalty-free, perpetual, world-wide licence to do so. You must not include anything in the Digital Products that reduces or eliminates the applicable licence granted to the customer.
(iv) After we have received payment for a transaction in connection with any of your Digital Products, we will deposit you a percentage of the price (excluding taxes) we received as set out in fee schedule, less any transaction fees listed in that fee schedule, into your Marketplace account. You may redeem amounts from your Marketplace account as described in section 9(e) below. We will retain the remainder as our commission for the transaction. We may change the fee schedule from time-to-time by posting the changes on the Site for at least 30 days.
(v) If a customer advises us that there is a material error in any of your Digital Products, or that they do not substantially conform with the description you provided for them, or there is some other material issue with your Digital Products then: (i) you will promptly remedy that error, description or issue at our request, (ii) we may refund the customer, in which case at our option you will either repay us the refunded amount or we will deduct the refunded amount from any future payment we make to you, and (iii) we may suspend or prohibit future sales of Your Content.
c. Hard Products
Hard Products are print-on-demand products that we may offer from time to time, such as art prints, apparel and other merchandise, onto which is printed Your Content that you have uploaded to the Site and made available through the Marketplace. If you opt to allow any of Your Content to be used to produce any Hard Products, then you agree as follows:
(i) You must set a mark-up for each Hard Product we sell which bears that content. This mark-up will be added to the price we charge for the product. You hereby authorize us to sell those Hard Products bearing that content at those prices plus applicable taxes.
(ii) After we have completed a transaction in connection with any Hard Product bearing Your Content, we or our suppliers will complete the manufacturing process by printing Your Content on the product. You hereby grant us and our suppliers a royalty-free, perpetual, worldwide licence to do so, and to modify Your Content as necessary or desirable to apply it to the product.
(iii) You acknowledge that the appearance of Your Content on the products may vary in colour, quality and appearance depending on the Hard Product. You can select which types of Hard Products may be sold with Your Content; however, you will not have the opportunity to pre-approve the appearance of Your Content on those products before they are manufactured and shipped to customers.
(iv) After we have received payment for a sale in connection with any Hard Product bearing Your Content, we will deposit into your Marketplace account the mark-up you selected for that product, less any transaction fees listed in our fee schedule. You may redeem amounts from your Marketplace account as described in section 9(e) below. We will retain the remainder as our commission for the sale. We may change the above fee schedule from time-to-time by posting the changes on the Site for at least 30 days.
d. Both Products
(i) You must provide a description for each item of Your Content that you upload to the Site and make available for purchase through the Marketplace. That description must comply with these Terms. You hereby represent and warrant that all such descriptions are and will be accurate, complete, and not misleading, and do not and will not infringe or misappropriate any third-party rights.
(ii) All of your representations, warranties and indemnities relating to Your Content generally, also apply specifically to Your Content in the Marketplace. In addition, you represent and warrant that you have all necessary rights to allow Your Content to be displayed, commercialized and used as described above. You are solely responsible and liable for Your Content, and you indemnify GameFilmHub regarding Your Content as set out in section 40.
(iii) We will not be responsible for anything a customer or a third party does with Your Content, including in connection with a Digital Product or a Hard Product. We have no obligation to enforce the licence terms that apply to any content you sell through the Marketplace, or enforcing your rights in or to Your Content. If you believe a customer or third party has violated any of your rights with respect to any product, it will be your sole responsibility to address that violation on your own, at your sole expense. Please refer to section 22 below if you believe that another user has posted content that infringes your rights.
(iv) If any purchaser is not satisfied with a purchased Digital Product or Hard Product for any reason, we reserve the right to refund the purchaser, in which case at our option we will deduct the refunded amount from your Marketplace account balance. If your Marketplace account balance does not have enough money to cover the refund, the balance can go into negative and the amounts owed can be paid against future sales, or we may request that you repay us the amounts owing (and you will promptly pay those amounts if we so request).
(v) You will comply with any other rules or policies we post on the site from time-to-time regarding the Marketplace.
e. Account Balance and Redemption
(i) Upon receiving payment from a purchase of your Digital Product or Hard Product, we will deposit your portion of the payment into your Marketplace account.
(ii) Provided that the balance of your Marketplace account exceeds the applicable threshold set out in our fee schedule, that balance will be automatically redeemed on a weekly basis.
(iii) Balances that you redeem will be paid to the bank account you designate on the Site. A deposit initiated by a balance redemption will not reach your bank account immediately.
(iv) If we have provided a refund to a purchaser of your Digital Product or Hard Product we will deduct the refunded amount from your Marketplace account balance.
(v) You acknowledge and agree that additional third-party fees may apply to and be deducted from the amounts you redeem from your Marketplace account balance, and that GameFilmHub is not responsible for and has no control over such fees. For example, your bank may impose wire transfer or similar fees or currency conversion fees.
(vi) GameFilmHub is not responsible for lost payments. You are solely responsible for ensuring we have all required account numbers and information to make those payments.
f. Currency Conversion
GameFilmHub will calculate and render a converted exchange rate in United States dollars, regardless of the currency in which you listed the price of your Digital Product or Hard Product. All transactions through the Marketplace, regardless of type of content or listed currency, will settle in United States dollars. Your Marketplace account balance will be denominated and redeemable only in United States dollars. GameFilmHub cannot guarantee the accuracy of displayed exchange rates because market rates can fluctuate. We recommend that you confirm current exchange rates before engaging in Marketplace transactions.
You are solely responsible and liable for imposing, collecting, reporting and remitting to the relevant authorities, in a timely and proper manner, all applicable sales, use, value-added, property, excise, import, foreign, withhold and other taxes, duties, charges, levies, fees, excises, tariffs, and assessments of any nature whatsoever imposed, arising from, connect with and relating to your sales through the Marketplace and the payments you receive for those sales. GameFilmHub does not and will not provide any advice regarding your tax obligations. If you are uncertain about your tax obligations you should obtain advice from a professional tax advisor or your local tax office.
10. GameFilmHub Marketplace for Content Acquirers
The Marketplace is a Service that allows you to purchase products from other content providers through the Site. There are two types of products that are now, or may in the future be, available for purchase through the Marketplace, i.e.: Digital Products and Hard Products.
b. Digital Products
Digital Products are products such as videos, software tools, stock assets and other electronic products. After you have completed a transaction for a Digital Product, we will make a copy of the product available to you according to the licence terms specified by the Digital Product’s provider. You must not distribute the product, allow any third party to use or access the product, or otherwise use, reproduce or exploit the product in any way that is not permitted by the applicable licence terms. You acknowledge and agree that those licence terms (and any dispute under them) are between you and the provider and that we are not a party to them and that we do not have any obligation to attempt to resolve any dispute between you and the provider. You also acknowledge and agree that we are a third-party beneficiary of those licence terms and therefore will be entitled to directly enforce and rely upon any provision in those terms that confers a benefit on, or rights in favour of, us.
c. Hard Products
Hard Products are print-on-demand products such as art prints, apparel and other merchandise onto which the applicable content is printed. After you have completed a transaction for a Hard Product, we or our suppliers will complete the manufacturing process and ship the product to you when it is ready. We will endeavour to ship the product within any estimates provided on the Site, but we will not be responsible for late deliveries. Title and risk of loss for the products will pass to you upon receipt of the product by the carrier. We can split orders into two or more shipments at our discretion and expense.
d. Both Products
(i) You must pay us the price listed on the Site for the products, plus all applicable taxes, and (for Hard Products) applicable shipping and handling.
(ii) Our Refunds and Returns policies (as amended from time-to-time) set out our obligations and your rights regarding refunds and returns.
(iii) The content used to create Digital Products and Hard Products is provided by other users of the Site. We did not create it, we do not preview it, and we have no control over it. In short, we are not responsible for it or for any shortcomings in it, including any intellectual property infringement or other legal issues caused by it. Subject to our Refunds and Returns policies referred to above, your acquisition of Digital Products and Hard Products is at your sole risk.
(iv) For certainty, all other portions of these Terms, including the disclaimers and limitations of liability, also apply specifically to the Digital Products, Hard Products and the Marketplace. You will also comply with any other rules or policies we post on the site from time-to-time regarding the Marketplace.
11. Marketplace Reviews
Site users may be able to post reviews, ratings and comments on different parts of the Site. Those reviews, ratings and comments form part of Your Content and are governed by section 15 and other sections in these Terms. In addition:
(a) If you are a content provider, you must not post any reviews or ratings for Your Content, or cause or encourage any third party who is not a legitimate purchaser of your Digital Products or Hard Products, to post a review for Your Content.
(b) If you are a content acquirer, you may only post reviews or ratings for Digital Products or Hard Products you have purchased. All such reviews and ratings must be accurate, unbiased, fair, and lawful, and based on your first-hand experiences.
Whenever you access, use or otherwise deal with the Services, you must comply with all:
(a) applicable laws;
(b) acceptable-use policies and other policies implemented by GameFilmHub with respect to the Site or the Services from time-to-time, as posted on GameFilmHub’s website; and
(c) other rules and policies or procedures that GameFilmHub communicates to you from time-to-time.
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party’s personal information without their consent unless otherwise permitted by law to do so.
14. Your Privacy and Communications Consent
We and our representatives will collect personal information about you including your name, contact information, personal preferences and other information. You acknowledge that we and our representatives may use your personal information for the following purposes:
(a) to allow us to communicate with you, manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other Site users,
(b) to customize any content and advertising that is presented to you on the Site,
(c) to contact you regarding any orders you place through the Site, and to help process, deliver and take payment for those orders,
(d) to verify your personal information, and
We may disclose your personal information electronically or in writing to our delivery and other service providers, including to service providers located in the United States and other jurisdictions outside of The United Kingdom who may be subject to applicable disclosure laws in those jurisdictions. You may contact us to obtain information about our policies and practices regarding our use of service providers outside of The United Kingdom, or to ask questions about the collection, use, disclosure or storage of personal information by our off-shore service providers.
When you register for the Site, a profile page is automatically created for you, and some of your personal information may be made available to the general public. For your protection, please do not share sensitive information on the Site or through the Services.
YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION, AND SENDING COMMERCIAL ELECTRONIC MESSAGES TO YOU, IN THE MANNER DESCRIBED ABOVE.
As between you and GameFilmHub, you will retain ownership of all original text, images, videos, messages, comments, ratings, reviews and other original content you provide on or through the Site, including Digital Products and descriptions of your Digital Products and Hard Products (collectively, “Your Content”), and all intellectual property rights in Your Content.
As between you and GameFilmHub, GameFilmHub or third parties solely own the following (the “GameFilmHub Property”):
(a) all other content on the Site or provided through the Services, including all text. photos, videos, templates, and other content provided by GameFilmHub (collectively, the “GameFilmHub Content”) and all intellectual property rights in the GameFilmHub Content; and
(b) all tools, hardware and software used to provide the Services (collectively, the “GameFilmHub Tools”);
(c) the graphical design of the Site, the Site user interface and the look and feel of the Site and the Site user interface; and
(d) the names, logos and trade-marks of GameFilmHub and on the Site (including third parties’ marks) and GameFilmHub.
You must not copy, modify, distribute, use, exploit or make derivative works from any of the GameFilmHub Property except as explicitly permitted by GameFilmHub
16. Licence regarding Your Content
Your Content may be shared with third parties, for example, on social media sites to promote your content on the Site, and may be available for purchase through the Marketplace. Accordingly, you hereby grant royalty-free, perpetual, world-wide, licences (the “Licences”) to GameFilmHub and our service providers to copy, modify, reformat and distribute Your Content, and to use the name that you provide in association with Your Content, in connection with providing the Services; and to GameFilmHub and our service providers, members, users and licensees to use, communicate, share, and display Your Content (in whole or in part) subject to our policies, as those policies are amended from time-to-time.
17. Moral Rights
GameFilmHub and our service providers, members, users and licensees may use, copy, display and transmit your user name in connection with any or all of Your Content if GameFilmHub or the service providers, members, users or licensees wish to do so.
18. Representations regarding Your Content.
You represent and warrant to GameFilmHub that:
(a) you own Your Content;
(b) you have the right to grant the Licences; and
(c) the use, communication, sharing, display, copying, reformatting and distribution of Your Content as permitted by the Licences will not infringe or violate the rights of any third party.
19. Content Disclaimer.
GameFilmHub does not endorse any of the content on the Site. GameFilmHub will not be responsible or liable for content that is generated by the Site users.
20. Monitoring and Disclosure.
GameFilmHub cannot monitor everything on the Site and does not normally monitor your use of the Services; however, GameFilmHub and our representatives may do so. We reserve the right (but have no obligation) to remove, delete, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate content on the Site, please contact us.
21. Other rules regarding Your Content.
You are responsible for keeping back-up copies of all of Your Content; GameFilmHub will not be liable for any loss or damage to any of Your Content. GameFilmHub may impose limits on the quantity and size of Your Content stored on our servers, and the duration Your Content is stored on our servers, and may charge you fees for exceeding those limits.
22. Infringement Claims
If you believe that any content that another user posts on the Site infringes your rights, you may send us a written notice that:
(a) sets out your name and address;
(b) identifies the material on the Site that you claim is infringing your rights;
(c) identifies your work or other subject-matter that you claim is being infringed, and states your interest or right with respect to the copyright in that work or subject-matter;
(d) specifies the location data for the material that you claim is infringing your rights;
(e) specifies the date and time of the commission of the claimed infringement;
Upon receiving your written notice and your payment of any fee that we may lawfully charge we will:
(a) forward the notice electronically as soon as feasible to the person who posted the content to which your claim relates; and
(b) inform you that the notice has been forwarded (or, if applicable, the reason why it was not possible to forward it).
We do not have any other obligations or liability regarding any allegedly infringing activities by third parties on our Site.
23. Use of the Services
You must not:
(a) reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the GameFilmHub Property or the Services;
(b) create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or excessively violent,
violate any law including intellectual property, privacy or other laws;
impersonate any person;
give rise to civil or other liability; or
relate to illegal drugs, weapons, gambling or other illegal activities;
(c) upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
(d) use the Site or the Services to do or attempt to do any of the following without GameFilmHub’s prior written permission:
send spam or other bulk messages;
gain unauthorized access to any data, network or system;
conduct or promote any commercial activity;
gamble, including through the use of the Site credits;
monitor data or traffic on any network or system;
obtain an email address, user name or other information about a third party without their consent;
use any misleading, false or deceptive TCP/IP header information in any email or posting; or
conduct or instigate any denial of service attack against GameFilmHub’s website or network, or any third party’s website or network;
(e) improperly make complaints or false reports on the Site;
(f) artificially inflate or alter ratings, views or statistics on the Site;
(g) falsify any data or information available on the Site;
(h) delete or modify any copyright or other intellectual property notices on the Site;
(i) sell or transfer your the Site account, or allow any third party to access or use it;
(j) avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware/software used to provide the Site or the Services, or third party hardware/software or services;
(k) interfere with the Services or any third party’s use of the Site or the Services;
(l) resell any of GameFilmHub’s services or allow any third party to use or access the Site or the Services without GameFilmHub’s prior written consent; or
(m) authorize or encourage any third party to do any of the above
In addition to any other available remedies, upon breach of any of your obligations under this Agreement GameFilmHub may suspend or terminate the Services and your the Site account.
25. Terms of Other Services
If you use any other service or software provided by or through GameFilmHub or the Services, you must comply with all terms and conditions that are imposed upon your use of that service or software.
Some of the Services may contain advertisements and promotions which may be targeted to you based on your use of the Site and the Services. The format, type and content of the advertising and promotions may change from time to time. You must exercise caution when purchasing goods or services from any third-party advertiser or brand that may be promoted on or linked to the Site.
27. Member Responsibilities
You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. GameFilmHub will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
From time to time, GameFilmHub may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
30. Inactive and Abandoned Accounts
If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
Without prejudice to any of our rights at law or equity, GameFilmHub may terminate your access to the Site and the Services with no prior notice if you fail to make a payment to GameFilmHub as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. GameFilmHub may also terminate or suspend any or all of the Services at any time without prior notice.
32. Termination by you
You may terminate your the Site account at any time. Termination of your account is your only remedy with respect to any dispute with the Site, including disputes relating to
(a) this agreement or our enforcement of it;
(b) the Site, the GameFilmHub Content, the GameFilmHub Tools or the Services; and
(c) the amount, type or payment of fees in connection with the Site or the Services.
33. Effect of Termination
Upon termination of your account or this agreement:
(a) you will immediately cease all use of the Site, the GameFilmHub Content, the GameFilmHub Tools and the Services;
(b) you will have no further access to your account or anything associated with it;
(c) you will not receive any refunds for fees you paid under this agreement;
(d) any unused or remaining time, credits, points or in your account at the date of termination will be permanently forfeited and revoked from you, and you will not receive any refund or credit for any of them;
(e) you will immediately pay GameFilmHub all amounts owing under this agreement;
(f) GameFilmHub may (but is not required to) delete some or all of Your Content from the Site and from your account within 60 days after termination;
(g) the Licence will continue in full force and effect for all of Your Content, including content the Site deletes; and
(h) sections 8, 9(b)(v), 9(c)(ii), 9(d), 10 - 21 and 37 - 45 will survive termination.
We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
35. Links from the Site
The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to GameFilmHub. All links are provided for your convenience only; they are not an endorsement or referral by us.
36. Links to the Site
You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
(a) the link must comply with the Site’s other policies regarding content;
(b) the link and surrounding materials must not deliver any the Site content in a framed environment, or alter the layout, content, look, or feel of the Site content;
(c) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
(d) the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
THE SITE, THE GAMEFILMHUB CONTENT, THE GAMEFILMHUB TOOLS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. GAMEFILMHUB DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE GAMEFILMHUB CONTENT, THE GAMEFILMHUB TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
38. Limitation of Liability
YOU USE THE SITE, THE GAMEFILMHUB CONTENT, THE GAMEFILMHUB TOOLS AND THE SERVICES AT YOUR OWN RISK. GAMEFILMHUB WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, THE GAMEFILMHUB CONTENT, THE GAMEFILMHUB TOOLS AND THE SERVICES, INCLUDING ANY LOSS TO YOUR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, GAMEFILMHUB WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER IN CONNECTION WITH THE SITE, THE GAMEFILMHUB CONTENT, THE GAMEFILMHUB TOOLS OR THE SERVICES.
39. Maximum Liability
IF, DESPITE THE ABOVE LIMITATIONS, GAMEFILMHUB BECOMES LIABLE TO YOU IN RESPECT OF THE SITE, THE GAMEFILMHUB CONTENT, THE GAMEFILMHUB TOOLS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO UK£500.
YOU WILL INDEMNIFY GAMEFILMHUB AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
(A) YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;
(B) YOUR USE OF THE SITE, THE GAMEFILMHUB CONTENT, THE GAMEFILMHUB TOOLS OR THE SERVICES; OR
(C) THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
(D) YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.
41. Modifications to this Agreement
From time to time in our sole discretion GameFilmHub may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days. GameFilmHub reserves the right to alter these Terms and Conditions for any reason it deems fit and at any time.
42. Governing law
GameFilmHub operates from the United Kingdom, and makes no representation that the Site is appropriate or available for use in any particular jurisdiction. This Agreement will be governed by the laws in effect in the United Kingdom. You attorn to the exclusive jurisdiction of the UK courts; however, you or GameFilmHub may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.
43. Disputes with other users
You are solely responsible for resolving any disputes you may have with other Site users. GameFilmHub may, but is not obligated to, assist you with this. GameFilmHub will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not GameFilmHub assists you with that dispute.
The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language.
No delay or failure to act by GameFilmHub regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. GameFilmHub may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will ensure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. GameFilmHub will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.