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Terms of Use

May 22, 2007

Welcome to the Sidescope.com website ("Website"). This Terms of Use agreement ("Terms") is a legal agreement between Sidescope.com ("Sidescope," "we," "us", or "our") and you, governing your visit to this Website, submitting text, picture or video (“Content”) in this Website, or use of any services or applications related to this Website. In addition, use of this Website is governed by the terms of our Privacy Policy and other posted guidelines, rules, or notices applicable the Website which may be posted or updated from time to time, and are hereby incorporated by reference into the Terms.

When you visit the Website or use any services of the Website, including but not limited to registering to become a user of the Website, posting or voting on Content, you signify your agreement to all of the Terms. This agreement includes warranty and liability disclaimers. If you do not agree to, or cannot comply with, all of these Terms, you must not visit the Website, stop posting or voting on Content, stop using any services and stop participating in any activities of the Website. Please report any violations of these Terms to us at web at sidescope. com. If you violate these Terms, we may terminate or cancel your account or access rights to the Website immediately without notice. We may also block your use of the Website.

LIMITED LICENSE TO WEBSITE
You are granted a limited license to use the Website for the purposes of viewing or posting Contents, commenting or voting on other Contents. Without limiting other restrictions, you agree not to reproduce, transmit, distribute, sell, or otherwise exploit the Website or any contents in the Website for any commercial gain. Any rights not expressly granted to you herein are reserved to us.

USER CONTENT AND ACTIVITY
The Website allow registered users to post Content, vote or interact with this Website, subject to the following conditions:

• Your Ownership: You retain all ownership rights in the Contents you own and post to the Website. In addition, your content in Private Comparisons will be protected by passwords and be accessible to people you invite.
• License to Us: By posting your Content to a Public or Semi-Private Comparison in the Website, you grant Sidescope a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Contents in connection with the Website and Sidescope's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. The foregoing license granted by you terminates once you remove or delete your Content from the Website.
• Prohibited Content or Activity: You shall not post on or distribute through this Website any Content that is pornographic, libelous, defamatory, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contains expressions of hatred, bigotry or racism, exploits anyone under the age of 18 in a sexual or violent manner, or solicits personally identifiable information from anyone under the age of 18, or would constitute or encourage a criminal offense, violate the rights of any party or violate in any way, intentionally or unintentionally, any applicable local, state, national, or international law or regulation. You shall not act in a manner that negatively affects other users' ability to interact with the Website, and shall not collect or store personal data about other users. You shall not use the Website in any way that violates the Terms, or that encourages, assists or induces anyone else to violate the Terms.
• Sole Responsibility: You understand that comparisons and other Content posted on the Website are the sole responsibility of the person who posts the Content. You are entirely responsible for the Content you post on the Website, and agree that your Content shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party, and you have the written consent, release, and/or permission of every person identifiable in the Content to use their name and likeness.
• Independent Users: The Website prohibits the compensation of a user to affect the user's vote, comment or contents. The account of anyone who hire, influence, force, or pay others to affect their vote or Content, or coerce or harass other users shall be canceled. Account of any user who accepts payment or other forms of compensation to vote, comment or post content at other's instruction shall be canceled.
• Non Commercial Use: Unless you have paid for the right to post Sponsor Message or Seller Information, you shall not post on or distribute through this Website any Content that are directly or indirectly commercial in nature or contain any solicitation, promotion or advertising, including but not limited to hyperlink to a commercial website, or any other form of solicitation, and shall not use the Website to generate traffic or page links to a website for any purpose not intended for personal, noncommercial use of the Website. You shall you rent, lease, sublicense, transfer, sell, trade, resell, or exploit for any commercial purposes, any Content or portion of the Website.
• No Automated Access: You shall not access the Website using any automated program or system, including without limitation any spider, robot (or "bot"), scraper, or offline reader, denial of service attacks, or any method that accesses the Website in a way that sends more request to Website servers in a given time period than a human reasonably can produce in the same time period using a conventional online Web browser. Notwithstanding, we grant public search engines permission to use crawlers or spiders to copy Content from the Website for the sole purpose of creating publicly available, searchable indices of such Content, however, caches or archives of such Content is not allowed.
• Password and Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You shall not disclose your password or transfer your account to any third party, or allow any third party to access your account. You shall not circumvent, disable, violate, or otherwise interfere with any security related feature of the Website or Content, any technology or feature that restricts or prevents copying or use of Content or that enforces limitations on use of the Website or Content. You understand that the security of the Website may involve risks and technology limitations beyond Sidescope’s control, and is difficult to be 100% secure.
• No Pre-Screen: You acknowledge that we do not pre-screen any Content posted by you or other users, but we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content. However, you understand that by using the Website you may be exposed to Content posted by users that are offensive, objectionable or indecent.

SIDESCOPE'S INTELLECTUAL PROPERTY
You acknowledge and agree that the Website and any necessary software or process used in connection with the Website ("Process") use and contain intellectual property and information owned by or licensed to Sidescope, and are protected by applicable copyright and intellectual property laws, and other laws and international treaties. Sidescope is the exclusive owner of all content (except Contents posted by users), Process, trademarks, servicemarks and logos, used on the Website.  You are not granted any right or license with respect to such intellectual property and information, or the trademarks of Sidescope or any third party. Except as expressly authorized by Sidescope, you agree not to decompile, disassemble, copy, reverse engineer, translate, modify, or create derivative works of the Website or any Content, in whole or in part.

THIRD PARTY LINKS OR CONTENTS
The Website contains links to third party websites that are not under our control and we not responsible for any content or transactions on any linked website. We do not endorse nor accept any responsibility for the content or transactions on those third party websites. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third party websites. You further acknowledge and agree that third-party content contained in sponsor advertisements or displayed, streamed, or otherwise made available through the Website may be protected by applicable intellectual property and other laws and international treaties.

LIMITATION OF USE AND STORAGE
You agree that we may establish policies and practices that may limit the use of the Website, including without limitation the maximum number of days that Content will be retained by the Website, the maximum number of Content that may be sent from or received by a user, the maximum size of any Content, the maximum disk space that will be allotted to a user, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time.

CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. If you believe a Content here infringes on your copyright or your intellectual property, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") including the information:

• The URL and description of the Content and how you believe it has infringed on your copyright or intellectual property;
• A description of your copyrighted work or other intellectual property that you claim has been infringed, including when you created it, where you published it, whether and when it was registered;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the copyright or intellectual property, its agent, or the law;
• Your name, postal address, telephone number, and email address;
• A signed statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner.

The above information should be printed on paper, with subject title "DMCA Infringement Notification", signed with your signature, and emailed to web at sidescope. com or faxed to 708-943-0028.

INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD US, SIDESCOPE, AND ITS OWNERS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES, SUCCESSORS, ASSIGNS, LICENSEES, PARENT, SUBSIDIARY AND OTHER AFFILIATED ENTITIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, ARISING OUT OF YOUR CONTENT, YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS INCLUDING SUCH PARTY'S COPYRIGHTS AND TRADEMARKS.

DISCLAIMER OF WARRANTIES
WITHOUT LIMITING THE FOREGOING, EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THE WEBSITE AND RELATED APPLICATIONS, CONTENT AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE WEBSITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, DISRUPTIVE OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE WEBSITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE WEBSITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. IN ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR TITLE IN CONNECTION WITH THE WEBSITE, CONTENTS, APPLICATIONS, AND RELATED INFORMATION. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU.

RISKS AND LIMITATION OF LIABILITY
YOU ASSUME ALL RISKS THAT THE WEBSITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY CONTENTS OR APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY ACCESSING THIS WEBSITE, OR ACCESSING OR DOWNLOADING CONTENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS WEBSITE YOU MAY BE EXPOSED TO INDECENT, OBJECTIONABLE OR OTHER OFFENSIVE LANGUAGE, IMAGES, SOUNDS, VIDEOS OR REFERENCES.

YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR THE STORAGE OR DELETION OF ANY CONTENT THAT YOU OR ANY OTHER PERSONS SUBMIT OR POST. WE RESERVE THE RIGHT TO CHANGE THESE GENERAL PRACTICES AND LIMITS AT ANY TIME IN OUR SOLE DISCRETION. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE WEBSITE.

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU RELEASE SIDESCOPE OR ANY OF OUR OWNERS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES, SUCCESSORS, ASSIGNS, LICENSEES, PARENT, SUBSIDIARY AND OTHER AFFILIATED ENTITIES FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, PAYMENT, OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF OR RELATED TO THE WEBSITE, APPLICATIONS OR RELATED INFORMATION OR SERVICES, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR SERVICE OR PRODUCT LIABILITY.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SIDESCOPE’S ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SIDESCOPE. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTICE AND AMENDMENTS
We may provide you with notices, including those regarding changes to these Terms, by e-mail (to the email address you provide during registration), regular mail (to the postal address you provide during registration), or postings on the Website. You agree to check for Website for changes to the Terms. Any use of the Website by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you must terminate your registration, if any, and refrain from accessing the Website. Except as expressly stated otherwise, any notices to us required or allowed under these Terms shall be given to us by e-mail to: web at sidescope. com.

GENERAL INFORMATION
These Terms constitute the entire agreement between you and us and govern your use or access of the Website, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sidescope without restriction.

You agree that any controversy arising out of or in connection with this Website, or a dispute with reference to these Terms, their validity or effect will be governed by the laws of the state of California. Any controversy arising out of or in connection with use of the Website or these Terms, their validity or effect, will be conclusively determined by arbitration in the County of Orange, California in accordance with the rules of the American Arbitration Association, without limiting Sidescope's right to seek injunctive or other equitable relief in any court of competent jurisdiction; provided, however, that such arbitration will be held before a single arbitrator selected by the parties, which arbitrator must be well acquainted with the digital entertainment Internet industry. You agree that any proceeding that you may choose to bring against us will be initiated within six (6) months after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your intention to arbitrate all such disputes according to the provisions hereof. The arbitrator's decision will be controlled by these Terms. Each party will bear its own costs of arbitration and attorneys’ fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 30 days of its issuance.

The Terms shall remain in full force and effect while you use this Website or has a user account or has Content published or displayed in this Website. If we determine that you violated any provisions of the Terms in our sole discretion, we may terminate immediately your account or access to all or any portion of the Website, without prior notice or liability.  We reserve the right at any time to modify or discontinue the Website or any part thereof and you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof. In the event that your account is terminated, all provisions of the Terms which must survive in order to give effect to their meaning, including without limitation all of your representations, warranties, and indemnification obligations, and license of Content shall survive.

The failure of one party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.