Gamestepper LLC Terms & Conditions

Last Modified on June 21, 2010

GameStepper LLC (“GameStepper” or “we”) operates GameStepper.com, which is an online web portal and community for students, teachers, and other professionals interested (collectively, the “Members”) in video games.

GameStepper allows Members to create: (i) online forums (both public and private) (ii) to host discussions of game related topics and (iii) to facilitate learning, class work, and the creation of game related projects. We serve as a source for news, reviews, and interviews on current games and game culture. GameStepper allows Members to display their work in galleries and forums. We also serve as a source for Members to learn about industry contests and opportunities for internships and jobs. The services offered by GameStepper include any GameStepper-branded URL (the "GameStepper Website"), uploading of class or instructional materials, class projects, art, photos, video and audio, participation in galleries and forums, and access to any other GameStepper services (including, without limitation, instant messaging, private messaging, and email services), and any other features, content, or applications offered from time to time by GameStepper in connection with GameStepper’s business (collectively, the "GameStepper Services"). The GameStepper Services are hosted in the United States.This Terms and Conditions Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the GameStepper Services. By accessing and/or using the GameStepper Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the GameStepper Services, including, without limitation, through a mobile or other wireless device, or otherwise use the GameStepper Services without being registered) or you are a "Member" (which means that you have registered with GameStepper). The term "User" refers to a Visitor or a Member. You are authorized to use the GameStepper Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, if you choose to become a Member, you must indicate your acceptance of this Agreement during the registration process.

If you are an instructor (“Instructor”) and you wish to create your own specific forums on GameStepper.com to facilitate your classroom instruction you must register as a Member and agree to the terms of this Agreement and also complete an application to become an Instructor and agree to abide by the Additional Instructor Terms and Conditions (hereinafter “Instructor Terms”). You can apply to become an Instructor at GameStepper reserves the right to modify this Agreement at any time and each such modification shall be effective upon posting on the GameStepper Services. All material modifications will apply prospectively only. Your continued use of the GameStepper Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the GameStepper Services immediately.

Eligibility. Use of the GameStepper Services and registration to be a Member for the GameStepper Services (“Membership”) is void where prohibited. By using the GameStepper Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the GameStepper Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the GameStepper Services.
Term and Termination. GameStepper may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, GameStepper reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the GameStepper Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated Sections 5-19 this Agreement will remain in effect.
Fees. Currently, use of the GameStepper Services is free. GameStepper may, in the future, charge for access to and use of the GameStepper Services. In such case, you will be notified in advance of such change at which time you may opt to pay the fee and continue using the GameStepper Services or to discontinue your use thereof.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify GameStepper immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Use by Members. The GameStepper Services are for the personal use of Members and may not be used for commercial purposes. GameStepper reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the GameStepper Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the GameStepper Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. GameStepper reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the GameStepper Services.
Proprietary Rights in Content on GameStepper.

6.1. GameStepper does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the GameStepper Services. After posting your Content on, through or in connection with the GameStepper Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the GameStepper Services, you hereby grant to GameStepper a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the GameStepper Services, including, without limitation, through the GameStepper Services to applications, widgets, websites or mobile, desktop or other services which are linked with your GameStepper account (collectively, “Linked Services”), including, without limitation, distributing part or all of the GameStepper Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by GameStepper outside the GameStepper Services and Linked Services. This limited license does not grant GameStepper the right to sell or otherwise distribute your Content outside of the GameStepper Services or Linked Services. After you remove your Content from the GameStepper Services we will cease publication and distribution as soon as practicable. If, after we have distributed your Content outside of the GameStepper Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the GameStepper Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the GameStepper Services, GameStepper is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

6.2 The license you grant to GameStepper is non-exclusive (meaning you are free to license your Content to anyone else in addition to GameStepper), fully-paid and royalty-free (meaning that GameStepper is not required to pay you or anyone else deriving rights from you for the use on the GameStepper Services of the Content that you post), sublicensable (so that GameStepper is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the GameStepper Services), and worldwide (because the Internet and the GameStepper Services are global in reach).

6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the GameStepper Services, or otherwise have the rights to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the GameStepper Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity. You agree to pay all royalties, fees, and any other monies (if any) owing any person or entity by reason of the use of any Content posted by you on or through the GameStepper Services and/or Linked Services.

6.4 The GameStepper Services contain Content that is owned by GameStepper ("GameStepper Content"). GameStepper Content is protected by copyright, trademark, patent, trade secret and other intellectual property laws, and GameStepper owns and retains all rights in the GameStepper Content and the GameStepper Services. GameStepper hereby grants you a limited, revocable, nonsublicensable right and license to reproduce and display the GameStepper Content (excluding any software code) solely for your personal use and only in connection with viewing the GameStepper Website and using the GameStepper Services.

6.5 The GameStepper Services contain Content of Users and other GameStepper licensors (“Third Party Content”). You have a limited, revocable, nonsublicensable right and license to reproduce and display the Third Party Content (excluding any software code) solely for your personal use and only in connection with viewing the GameStepper Website and using the GameStepper Services. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the GameStepper Services.

6.6 GameStepper performs technical functions necessary to offer the GameStepper Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the GameStepper Services. In addition, you agree and acknowledge that GameStepper may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the GameStepper Services. You can control what type of communications you receive from the GameStepper Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.

6.7 GameStepper reserves the right to limit the storage capacity of Content that you post on, through or in connection with the GameStepper Services.
Content Posted.

7.1 Please choose carefully the information that you post on, through or in connection with the GameStepper Services and that you provide to other Users. Your GameStepper profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other GameStepper Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and GameStepper assumes no responsibility or liability for this material. If you become aware of misuse of the GameStepper Services by any person or Linked Service, please click on the "Contact Us” link at the bottom of the GameStepper Website pages.

7.2 GameStepper may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of GameStepper violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. GameStepper assumes no responsibility for monitoring the GameStepper Services for inappropriate Content or conduct. If at any time GameStepper chooses, in its sole discretion, to monitor the GameStepper Services, GameStepper nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content.

7.3 You are solely responsible for the Content that you post on, through or in connection with any of the GameStepper Services, and any material or information that you transmit to other Members and for your interactions with other Users.
Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the GameStepper Services (“Prohibited Content”). GameStepper reserves the right to investigate and take appropriate actions (including legal action) against anyone who, in GameStepper's sole discretion, violates this provision, including, without limitation, removing the offending Content from the GameStepper Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of GameStepper:

8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.2 harasses or advocates harassment of another person;

8.3 exploits people in a sexual or violent manner;

8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

8.5 solicits or is designed to solicit personal information from anyone under 18;

8.6 publicly posts information that poses or creates a privacy or security risk to any person;

8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) unless otherwise authorized;

8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

8.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

8.13 involves commercial activities and/or sales without prior written consent from GameStepper such as contests, sweepstakes, barter, advertising, or pyramid schemes;

8.14 includes a photograph or video of another person that you have posted without that person's consent; or

8.15 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. The following are examples of the kind of activities that are illegal or prohibited on the GameStepper Website and through your use of the GameStepper Services (“Prohibited Activities”). GameStepper reserves the right to investigate and take appropriate legal action against anyone who, in GameStepper's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited Activities include, but are not limited to:

8.16 criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

8.17 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the GameStepper Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, GameStepper reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which GameStepper deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the GameStepper Services, you acknowledge that you will have caused substantial harm to GameStepper, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay GameStepper $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the GameStepper Services;

8.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the GameStepper Services;

8.19 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

8.20 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the GameStepper Services other than your Content which you legally post on, through or in connection with the GameStepper Services;

8.21 providing or using “tracking” or monitoring functionality in connection with the GameStepper Services, including, without limitation, to identify other Users’ views, actions or other activities on the GameStepper Services;

8.22 covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any GameStepper page via HTML/CSS or any other means;

8.23 any automated use of the GameStepper Services, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;

8.24 interfering with, disrupting, or creating an undue burden on the GameStepper Services or the networks or services connected to the GameStepper Services;

8.25 impersonating or attempting to impersonate GameStepper or a GameStepper employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);

8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8.27 selling or otherwise transferring your profile, your email address or URL;

8.28 using or distributing any information obtained from the GameStepper Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the GameStepper Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by GameStepper, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;

8.30 relaying email from a third party's mail servers without the permission of that third party;

8.31 using invalid or forged headers to disguise the origin of any Content transmitted to or through GameStepper’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;

8.32 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the GameStepper Website for the purposes of sending unsolicited or unauthorized material;

8.33 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or

8.34 using the GameStepper Services in a manner inconsistent with Applicable Law.
General Disclaimer. The GameStepper Service is only is an online web portal and community for students, teachers, and other professionals interested (collectively, the “Members”) in video games. We do not hire or employ Instructors nor are we responsible or liable for any interactions involved between the Instructors and the Members who take their Courses. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might out of or relate to conduct of Instructors and Members. We do not control Content posted on the GameStepper Service and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Content.
Protecting Copyrights. It is GameStepper’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe your work has been copied and posted on or through the GameStepper Services in a way that constitutes copyright infringement, you may file a notice of claimed infringement with GameStepper. Any such notice must contain all of the following information: (a) identification in sufficient detail of the copyrighted work that you believe has been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the GameStepper Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) the statement that "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law"; (e) that statement that "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and (f) your signature. Send the notice to GameStepper LLC, 660 Alabama St, 2nd Floor, San Francisco, CA 94110; Phone: (323) 620-8620; Attn: DMCA Complaints.
Third Party Linked Services. Linked Services created by third party developers may be available on, through or in connection with the GameStepper Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your GameStepper profile or shared with other Users on the GameStepper Services or which may link to your GameStepper account from outside of the GameStepper Services. Linked Services may use your GameStepper profile information, friends and/or other profile content on the Linked Service and share activity events between GameStepper and the Linked Service (depending on the features the Linked Service chooses to make available). When you engage with a third party Linked Service, you are interacting with the third party, not with GameStepper. GameStepper does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. GameStepper is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). GameStepper encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting.
Interaction with Other Members and Instructors. You are solely responsible for your interactions with other GameStepper Users, Instructors, third party developers or any other parties with whom you interact through the GameStepper Services and/or Linked Services. You understand that GameStepper may or may not screen its Members and Instructors and GameStepper does not inquire into the backgrounds of its users or attempt to verify the statements of its Users. GameStepper makes no representations or warranties as to the conduct of Users or Instructors. GameStepper is not involved in the actual conduct of courses by and has no control over and do not guarantee the quality of the courses offered, the truth or accuracy of course listings, the ability of Instructors to deliver the lessons, or that an Instructor will actually teach the courses offered. GameStepper reserves the right, but has no obligation, to monitor disputes between you and other users.GameStepper reserves the right, but has no obligation, to become involved in any way with these disputes.
Privacy. Use of the GameStepper Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. GameStepper is not responsible for and makes no warranties, express or implied, as to the Content posted by Members or Instructors (“Posted Content”) or the accuracy and reliability of the Posted Content posted through or in connection with the GameStepper Services or Linked Services, by Users of the GameStepper Services or Linked Services, and such Posted Content does not necessarily reflect the opinions or policies of GameStepper. In addition, GameStepper is not responsible for any damage, injury or loss caused by Users of the GameStepper Services or by any of the equipment or programming associated with or utilized in the GameStepper Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the GameStepper Services may contain links to other websites or services. GameStepper is not responsible for the content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by GameStepper. Inclusion of any linked website or service on the GameStepper Services does not imply approval or endorsement of the linked website or service by GameStepper. When you access these third party sites and services, you do so at your own risk. GameStepper takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the GameStepper Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. GameStepper is not responsible for the conduct, whether online or offline, of any User or Instructor. GameStepper assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member or Instructor communication. GameStepper is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the GameStepper Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the GameStepper Services or Linked Services. Under no circumstances shall GameStepper be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the GameStepper Services or Linked Services, attendance at a GameStepper event, from any Posted Content, or from the conduct of any Users or Instructors of the GameStepper Services, whether online or offline. THE GAMESTEPPER SERVICES AND LINKED SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND GAMESTEPPER EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GAMESTEPPER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE GAMESTEPPER SERVICES OR LINKED SERVICES.
Limitation on Liability. IN NO EVENT SHALL GAMESTEPPER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE GAMESTEPPER SERVICES OR LINKED SERVICES, EVEN IF GAMESTEPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GAMESTEPPER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GAMESTEPPER FOR THE GAMESTEPPER SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the GameStepper Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the GameStepper Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. Any dispute arising under this Agreement shall be committed to binding resolution any dispute through the dispute resolution process set forth in this Section 17. The arbitration shall be conducted pursuant to the Commercial Rules of the American Arbitration Association (“Rules”) then in effect and shall be conducted in San Francisco, California. Notwithstanding those Rules, the following provisions shall apply to the arbitration hereunder:

(a) The arbitration shall be conducted by a single independent arbitrator, if the Parties agree upon one, otherwise to three (3) independent arbitrators, one to be appointed by each party and a third to be chosen by the first two named before they enter upon the business of arbitration. If the two (2) arbitrators are unable to agree upon the third arbitrator, such third arbitrator shall be appointed in accordance with the Rules.

(b) Binding Nature. The award and determination of the arbitrator(s) or any two of the three arbitrators shall be binding upon the Parties and their respective heirs, executors, administrators and assigns.

(c) Proceedings. The parties and arbitrator or arbitrators shall use reasonable, diligent efforts to complete the arbitration within sixty (60) calendar days after the appointment of the arbitrator or arbitrators. In rendering its or their decision the arbitrator or arbitrators shall apply the substantive law of the State of California, without regard to its conflict of laws provisions, except that the interpretation of an enforcement of this Section 17 shall be governed by the U.S. Federal Arbitration Act. The fees of the arbitrator or arbitrators shall be shared equally by the parties.

(d) Equitable Relief. Notwithstanding anything contained in this Agreement to the contrary, the parties shall be entitled to seek injunctive or other equitable relief whenever the facts or circumstances would permit a party to seek such equitable relief in a court of competent jurisdiction. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Indemnity. You agree to indemnify and hold GameStepper, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the GameStepper Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the GameStepper Services.
Other. This Agreement is accepted upon your use of the GameStepper Website or any of the GameStepper Services and is further affirmed by you if you becoming a Member. The failure of GameStepper to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. GameStepper is a trademark of GameStepper LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

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	Gamestepper LLC Terms & Conditions
	Last Modified on June 21, 2010 GameStepper LLC (“GameStepper” or “we”) operates GameStepper.com, which is an online web portal and community for students, teachers, and other professionals interested (collectively, the “Members”) in video games. GameStepper allows Members to create: (i) online forums (both public and private) (ii) to host discussions of game related topics and (iii) to facilitate learning, class work, and the creation of game related projects. We serve as a source for news, reviews, and interviews on current games and game culture. GameStepper allows Members to display their work in galleries and forums. We also serve as a source for Members to learn about industry contests and opportunities for internships and jobs. The services offered by GameStepper include any GameStepper-branded URL (the "GameStepper Website"), uploading of class or instructional materials, class projects, art, photos, video and audio, participation in galleries and forums, and access to any other GameStepper services (including, without limitation, instant messaging, private messaging, and email services), and any other features, content, or applications offered from time to time by GameStepper in connection with GameStepper’s business (collectively, the "GameStepper Services"). The GameStepper Services are hosted in the United States.This Terms and Conditions Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the GameStepper Services. By accessing and/or using the GameStepper Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the GameStepper Services, including, without limitation, through a mobile or other wireless device, or otherwise use the GameStepper Services without being registered) or you are a "Member" (which means that you have registered with GameStepper). The term "User" refers to a Visitor or a Member. You are authorized to use the GameStepper Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, if you choose to become a Member, you must indicate your acceptance of this Agreement during the registration process. If you are an instructor (“Instructor”) and you wish to create your own specific forums on GameStepper.com to facilitate your classroom instruction you must register as a Member and agree to the terms of this Agreement and also complete an application to become an Instructor and agree to abide by the Additional Instructor Terms and Conditions (hereinafter “Instructor Terms”). You can apply to become an Instructor at GameStepper reserves the right to modify this Agreement at any time and each such modification shall be effective upon posting on the GameStepper Services. All material modifications will apply prospectively only. Your continued use of the GameStepper Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the GameStepper Services immediately. Eligibility. Use of the GameStepper Services and registration to be a Member for the GameStepper Services (“Membership”) is void where prohibited. By using the GameStepper Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the GameStepper Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the GameStepper Services. Term and Termination. GameStepper may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, GameStepper reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the GameStepper Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated Sections 5-19 this Agreement will remain in effect. Fees. Currently, use of the GameStepper Services is free. GameStepper may, in the future, charge for access to and use of the GameStepper Services. In such case, you will be notified in advance of such change at which time you may opt to pay the fee and continue using the GameStepper Services or to discontinue your use thereof. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify GameStepper immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Use by Members. The GameStepper Services are for the personal use of Members and may not be used for commercial purposes. GameStepper reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the GameStepper Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the GameStepper Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. GameStepper reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the GameStepper Services. Proprietary Rights in Content on GameStepper. 6.1. GameStepper does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the GameStepper Services. After posting your Content on, through or in connection with the GameStepper Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the GameStepper Services, you hereby grant to GameStepper a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the GameStepper Services, including, without limitation, through the GameStepper Services to applications, widgets, websites or mobile, desktop or other services which are linked with your GameStepper account (collectively, “Linked Services”), including, without limitation, distributing part or all of the GameStepper Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by GameStepper outside the GameStepper Services and Linked Services. This limited license does not grant GameStepper the right to sell or otherwise distribute your Content outside of the GameStepper Services or Linked Services. After you remove your Content from the GameStepper Services we will cease publication and distribution as soon as practicable. If, after we have distributed your Content outside of the GameStepper Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the GameStepper Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the GameStepper Services, GameStepper is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely. 6.2 The license you grant to GameStepper is non-exclusive (meaning you are free to license your Content to anyone else in addition to GameStepper), fully-paid and royalty-free (meaning that GameStepper is not required to pay you or anyone else deriving rights from you for the use on the GameStepper Services of the Content that you post), sublicensable (so that GameStepper is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the GameStepper Services), and worldwide (because the Internet and the GameStepper Services are global in reach). 6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the GameStepper Services, or otherwise have the rights to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the GameStepper Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity. You agree to pay all royalties, fees, and any other monies (if any) owing any person or entity by reason of the use of any Content posted by you on or through the GameStepper Services and/or Linked Services. 6.4 The GameStepper Services contain Content that is owned by GameStepper ("GameStepper Content"). GameStepper Content is protected by copyright, trademark, patent, trade secret and other intellectual property laws, and GameStepper owns and retains all rights in the GameStepper Content and the GameStepper Services. GameStepper hereby grants you a limited, revocable, nonsublicensable right and license to reproduce and display the GameStepper Content (excluding any software code) solely for your personal use and only in connection with viewing the GameStepper Website and using the GameStepper Services. 6.5 The GameStepper Services contain Content of Users and other GameStepper licensors (“Third Party Content”). You have a limited, revocable, nonsublicensable right and license to reproduce and display the Third Party Content (excluding any software code) solely for your personal use and only in connection with viewing the GameStepper Website and using the GameStepper Services. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the GameStepper Services. 6.6 GameStepper performs technical functions necessary to offer the GameStepper Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the GameStepper Services. In addition, you agree and acknowledge that GameStepper may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the GameStepper Services. You can control what type of communications you receive from the GameStepper Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails. 6.7 GameStepper reserves the right to limit the storage capacity of Content that you post on, through or in connection with the GameStepper Services. Content Posted. 7.1 Please choose carefully the information that you post on, through or in connection with the GameStepper Services and that you provide to other Users. Your GameStepper profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other GameStepper Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and GameStepper assumes no responsibility or liability for this material. If you become aware of misuse of the GameStepper Services by any person or Linked Service, please click on the "Contact Us” link at the bottom of the GameStepper Website pages. 7.2 GameStepper may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of GameStepper violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. GameStepper assumes no responsibility for monitoring the GameStepper Services for inappropriate Content or conduct. If at any time GameStepper chooses, in its sole discretion, to monitor the GameStepper Services, GameStepper nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content. 7.3 You are solely responsible for the Content that you post on, through or in connection with any of the GameStepper Services, and any material or information that you transmit to other Members and for your interactions with other Users. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the GameStepper Services (“Prohibited Content”). GameStepper reserves the right to investigate and take appropriate actions (including legal action) against anyone who, in GameStepper's sole discretion, violates this provision, including, without limitation, removing the offending Content from the GameStepper Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of GameStepper: 8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; 8.2 harasses or advocates harassment of another person; 8.3 exploits people in a sexual or violent manner; 8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; 8.5 solicits or is designed to solicit personal information from anyone under 18; 8.6 publicly posts information that poses or creates a privacy or security risk to any person; 8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; 8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) unless otherwise authorized; 8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 8.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; 8.13 involves commercial activities and/or sales without prior written consent from GameStepper such as contests, sweepstakes, barter, advertising, or pyramid schemes; 8.14 includes a photograph or video of another person that you have posted without that person's consent; or 8.15 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. The following are examples of the kind of activities that are illegal or prohibited on the GameStepper Website and through your use of the GameStepper Services (“Prohibited Activities”). GameStepper reserves the right to investigate and take appropriate legal action against anyone who, in GameStepper's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited Activities include, but are not limited to: 8.16 criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 8.17 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the GameStepper Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, GameStepper reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which GameStepper deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the GameStepper Services, you acknowledge that you will have caused substantial harm to GameStepper, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay GameStepper $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the GameStepper Services; 8.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the GameStepper Services; 8.19 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; 8.20 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the GameStepper Services other than your Content which you legally post on, through or in connection with the GameStepper Services; 8.21 providing or using “tracking” or monitoring functionality in connection with the GameStepper Services, including, without limitation, to identify other Users’ views, actions or other activities on the GameStepper Services; 8.22 covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any GameStepper page via HTML/CSS or any other means; 8.23 any automated use of the GameStepper Services, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins; 8.24 interfering with, disrupting, or creating an undue burden on the GameStepper Services or the networks or services connected to the GameStepper Services; 8.25 impersonating or attempting to impersonate GameStepper or a GameStepper employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing); 8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 8.27 selling or otherwise transferring your profile, your email address or URL; 8.28 using or distributing any information obtained from the GameStepper Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; 8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the GameStepper Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by GameStepper, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose; 8.30 relaying email from a third party's mail servers without the permission of that third party; 8.31 using invalid or forged headers to disguise the origin of any Content transmitted to or through GameStepper’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content; 8.32 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the GameStepper Website for the purposes of sending unsolicited or unauthorized material; 8.33 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or 8.34 using the GameStepper Services in a manner inconsistent with Applicable Law. General Disclaimer. The GameStepper Service is only is an online web portal and community for students, teachers, and other professionals interested (collectively, the “Members”) in video games. We do not hire or employ Instructors nor are we responsible or liable for any interactions involved between the Instructors and the Members who take their Courses. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might out of or relate to conduct of Instructors and Members. We do not control Content posted on the GameStepper Service and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Content. Protecting Copyrights. It is GameStepper’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe your work has been copied and posted on or through the GameStepper Services in a way that constitutes copyright infringement, you may file a notice of claimed infringement with GameStepper. Any such notice must contain all of the following information: (a) identification in sufficient detail of the copyrighted work that you believe has been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the GameStepper Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) the statement that "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law"; (e) that statement that "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and (f) your signature. Send the notice to GameStepper LLC, 660 Alabama St, 2nd Floor, San Francisco, CA 94110; Phone: (323) 620-8620; Attn: DMCA Complaints. Third Party Linked Services. Linked Services created by third party developers may be available on, through or in connection with the GameStepper Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your GameStepper profile or shared with other Users on the GameStepper Services or which may link to your GameStepper account from outside of the GameStepper Services. Linked Services may use your GameStepper profile information, friends and/or other profile content on the Linked Service and share activity events between GameStepper and the Linked Service (depending on the features the Linked Service chooses to make available). When you engage with a third party Linked Service, you are interacting with the third party, not with GameStepper. GameStepper does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. GameStepper is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). GameStepper encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting. Interaction with Other Members and Instructors. You are solely responsible for your interactions with other GameStepper Users, Instructors, third party developers or any other parties with whom you interact through the GameStepper Services and/or Linked Services. You understand that GameStepper may or may not screen its Members and Instructors and GameStepper does not inquire into the backgrounds of its users or attempt to verify the statements of its Users. GameStepper makes no representations or warranties as to the conduct of Users or Instructors. GameStepper is not involved in the actual conduct of courses by and has no control over and do not guarantee the quality of the courses offered, the truth or accuracy of course listings, the ability of Instructors to deliver the lessons, or that an Instructor will actually teach the courses offered. GameStepper reserves the right, but has no obligation, to monitor disputes between you and other users.GameStepper reserves the right, but has no obligation, to become involved in any way with these disputes. Privacy. Use of the GameStepper Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers. GameStepper is not responsible for and makes no warranties, express or implied, as to the Content posted by Members or Instructors (“Posted Content”) or the accuracy and reliability of the Posted Content posted through or in connection with the GameStepper Services or Linked Services, by Users of the GameStepper Services or Linked Services, and such Posted Content does not necessarily reflect the opinions or policies of GameStepper. In addition, GameStepper is not responsible for any damage, injury or loss caused by Users of the GameStepper Services or by any of the equipment or programming associated with or utilized in the GameStepper Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the GameStepper Services may contain links to other websites or services. GameStepper is not responsible for the content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by GameStepper. Inclusion of any linked website or service on the GameStepper Services does not imply approval or endorsement of the linked website or service by GameStepper. When you access these third party sites and services, you do so at your own risk. GameStepper takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the GameStepper Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. GameStepper is not responsible for the conduct, whether online or offline, of any User or Instructor. GameStepper assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member or Instructor communication. GameStepper is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the GameStepper Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the GameStepper Services or Linked Services. Under no circumstances shall GameStepper be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the GameStepper Services or Linked Services, attendance at a GameStepper event, from any Posted Content, or from the conduct of any Users or Instructors of the GameStepper Services, whether online or offline. THE GAMESTEPPER SERVICES AND LINKED SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND GAMESTEPPER EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GAMESTEPPER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE GAMESTEPPER SERVICES OR LINKED SERVICES. Limitation on Liability. IN NO EVENT SHALL GAMESTEPPER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE GAMESTEPPER SERVICES OR LINKED SERVICES, EVEN IF GAMESTEPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GAMESTEPPER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GAMESTEPPER FOR THE GAMESTEPPER SERVICES DURING THE TERM OF MEMBERSHIP. U.S. Export Controls. Software available in connection with the GameStepper Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the GameStepper Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Disputes. Any dispute arising under this Agreement shall be committed to binding resolution any dispute through the dispute resolution process set forth in this Section 17. The arbitration shall be conducted pursuant to the Commercial Rules of the American Arbitration Association (“Rules”) then in effect and shall be conducted in San Francisco, California. Notwithstanding those Rules, the following provisions shall apply to the arbitration hereunder: (a) The arbitration shall be conducted by a single independent arbitrator, if the Parties agree upon one, otherwise to three (3) independent arbitrators, one to be appointed by each party and a third to be chosen by the first two named before they enter upon the business of arbitration. If the two (2) arbitrators are unable to agree upon the third arbitrator, such third arbitrator shall be appointed in accordance with the Rules. (b) Binding Nature. The award and determination of the arbitrator(s) or any two of the three arbitrators shall be binding upon the Parties and their respective heirs, executors, administrators and assigns. (c) Proceedings. The parties and arbitrator or arbitrators shall use reasonable, diligent efforts to complete the arbitration within sixty (60) calendar days after the appointment of the arbitrator or arbitrators. In rendering its or their decision the arbitrator or arbitrators shall apply the substantive law of the State of California, without regard to its conflict of laws provisions, except that the interpretation of an enforcement of this Section 17 shall be governed by the U.S. Federal Arbitration Act. The fees of the arbitrator or arbitrators shall be shared equally by the parties. (d) Equitable Relief. Notwithstanding anything contained in this Agreement to the contrary, the parties shall be entitled to seek injunctive or other equitable relief whenever the facts or circumstances would permit a party to seek such equitable relief in a court of competent jurisdiction. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT. Indemnity. You agree to indemnify and hold GameStepper, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the GameStepper Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the GameStepper Services. Other. This Agreement is accepted upon your use of the GameStepper Website or any of the GameStepper Services and is further affirmed by you if you becoming a Member. The failure of GameStepper to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. GameStepper is a trademark of GameStepper LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.