Terms of Service

These Terms of Service constitute a binding agreement between you and Machinefloor Inc.

By accessing and/or using Website and its related webpages, you signify that you agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, please do not use Website and its related webpages.

Definitions

Website' refers to gamercongress.com which are owned and operated by Machinefloor Inc. 'Submitted Content' refers to all materials, including but not limited to posts, messages, contact details and votes whether publicly posted or privately transmitted, that are uploaded, posted, emailed, transmitted or otherwise made available on Website by Users. 'Services' refer functionalities rendered to a User by Website. 'User' refers to any individual or individual acting on behalf of an organization using the Services of Website. 'Your Content' refers to your Submitted Content as a User.

Responsibility for Data

You have sole responsibility for all of Your Content that you make available on Website through use of it's Services. You acknowledge and agree that Website will not be responsible for any failure of the Services to store Submitted Content, for the deletion of a Submitted Content stored on the Services, or for the corruption of or loss or any data, information or content contained in Submitted Content.

Content

You are solely responsible for Your Content. You certify that you own all intellectual property rights in Your Content. You hereby grant Website irrevocable, royalty-free, non-exclusive, sub-licensable license to use, modify, copy, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of displaying Your Content on Website and distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction Website. does not guarantee the accuracy, integrity, quality or reliability of Submitted Content on it's website. Without limitation, Website is not responsible for any Submitted Content, even if it is deemed unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Website does not pre-screen or moderate all Submitted Content, but that it retains the right, but not the obligation, at it's sole discretion, to refuse, edit, move or remove any Submitted Content that is publicly available via the site Website. reserves the right to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Website Services at any time, for any or no reason, with or without prior notice, and without liability.

Copyright Policy

Website respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights. Website is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA").

Links

The Services may make available links to third-party websites. You acknowledge and agree that Website is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Website of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Maintenance

Website will perform maintenance services as Website determines reasonably necessary. User acknowledges that such maintenance may require downtime. Website will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond Website 's control limit the ability to do so.

Limitation of Liability

IN NO EVENT WILL WEBSITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY SUBMITTED CONTENT SENT THROUGH, STORED BY OR DOWNLOADED FROM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEBSITE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL WEBSITE'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WEBSITE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Disclaimer

YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Indemnity

User agrees to indemnify and hold Website harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of Submitted Content or use of any other feature or service. This expressly includes:

  1. User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.
  2. Any defamatory or unlawful material contained within Submitted Content.

Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect.

Waiver

The failure of Website to enforce any right or provision of these Terms of Service will not be deemed a wavier of such right or provision.

Consent to Jurisdiction; Choice of Law

By accessing and using Website, you agree that:

  1. any case or controversy arising from or related to your use of the Website shall be governed by and construed in accordance with the laws of the state of New York without giving effect to its conflict of laws principles; and
  2. jurisdiction of any legal dispute arising hereunder shall be exclusively had in New York County, New York.

Ability to Accept Terms of Service

You represent and warrant that:

  1. You are over the age of thirteen (13); and;
  2. Are fully able and competent to accept these terms of service. For the avoidance of doubt, if you are under the age of thirteen (13), please do not use the website or the Services.

Assignment

These terms of service and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by Website without restriction.

Modification

Website may revise these terms and conditions at any time without notice by updating these terms of service. You should visit this web page periodically to review the terms of service.