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October 24, 2017, 12:50:24 AM

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303253 Posts in 15571 Topics by 833496 Members
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You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.

Note that it is impossible for the staff or the owners of this forum to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or this forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.

You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.

You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason.  We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.

After you register and login to this forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.

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End Users License Agreement

Terms of Agreement
GameClub offers to allow you to register and use the services on this site (forums.gameclub.ph), conditioned on your accordance to all of the terms and conditions contained in this Agreement. Your use of this site constitutes your agreement to all such terms and conditions.
 
Effectuation and Expiration of Agreement
To confirm your agreement, you should click on the "I Agree" button at the end of this Agreement. If you do not so agree, you should click on the "I Do Not Agree" button at the end of this Agreement, in which case you reject the offered terms of use and will not be permitted to use the services of the aforementioned site by GameClub.This Agreement becomes effective when you click on the "I Agree" button, and remains effective unless your membership is cancelled or terminated.
 
Amendments
This User Agreement (the "Agreement") comprises the entire agreement between GameClub and the User ("You"), and supersedes any prior agreements between you and GameClub with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which you are notified by GameClub and/or which may apply when using third party content or services. GameClub may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the GameClub web site (the "Web Site"). You hereby agree to review this Agreement by accessing the Web Site periodically to become aware of any such revisions. If any revision is unacceptable, you may terminate the Agreement hereof. Continued use of the Services following the posting of the revised Agreement shall be deemed to be acceptance of all such revisions.
 
Definitions
"Intellectual Property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress and any other intellectual property rights in or related to the Game or Technical Information.
"Technical Information" shall mean the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the Game and the installation, operation, maintenance, service and use thereof.
"User Account" shall mean the game information and personal information including the User's ID that is managed in order to use GameClub's Service.
"ID" shall mean a combination of letters and numbers that the User creates in order to use the Service and GameClub authorizes to differentiate each user.
"Password" shall mean a combination of letters and numbers that the User creates in order to verify him/herself and protect his/her rights.
"Game Character ('Character')" shall mean game information that the User selects, creates and/or modifies and controls in the game.
 
Description of Service
GameClub offers the use of the service "GameClub Community Forums" (the "service") with the official website "forums.gameclub.ph" (the "Web Site"). GameClub reserves the right to change the URL address of the Web Site at any time and from time to time. To use the Service, you will need to register an account which GameClub makes available from the Web Site (the "service"). Anyone desiring to use the Service is required to establish an account with GameClub (the "Account"). GameClub does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at forums.gameclub.ph is an active part of the Service and any use of the web site is governed by the same Terms of Agreement.
 
User Registrations Obligations and Security
In order to use the Service, you are required to complete a registration form containing your e-mail address, a user name and a password. In consideration of the use of the Service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your User profile, as required. After the registration process, one should validate the e-mail address that has been provided. If any information provided is not true, accurate, current or complete, GameClub has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then GameClub shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you. You acknowledge that GameClub reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by GameClub, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify GameClub if you believe that the security of your password has been compromised. You acknowledge that GameClub does not protect you from the unauthorized use of your password.
 
Account ID
At the time your Account is opened, you must choose a name to identify yourself to GameClub staff (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which GameClub deems in its discretion to be vulgar or otherwise offensive. GameClub reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.
 
Passwords
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. GameClub will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
 
Ownership
The Account that you use to access the Service that GameClub stores in the server, and other data that the server or Account may have are owned solely by GameClub.
 
Former Members
Members whose Accounts have been terminated by GameClub may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of GameClub.
If GameClub terminates an Account, GameClub may terminate any other Accounts that share the same member name, phone number, e-mail address, postal address, Internet Protocol address, or credit card number with the terminated Account.
 
Indemnification
You agree to indemnify, defend and hold harmless GameClub and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or of any rights of another User.
 
Termination
Either you or GameClub may terminate your Account at any time without further obligation to the other. Further, GameClub reserves the right, in appropriate circumstances and at its sole discretion, to terminate the Service at any time without further obligation to you. If the service or your Account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will lose access to the account you created; (2) if termination is due to your breach of this Agreement, you may not access the service in any manner or for any reason, including via any other Account. In the event that an Account is terminated, GameClub may terminate any and all other Accounts that share the member name, phone number, e-mail address, internet protocol address or credit card number with the terminated Account; (3) we may terminate this Agreement (including your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the game as described in Section 14. If we terminate this Agreement under any circumstances, you will lose access to your Account.
 
Limitation of Liability
USER ACKNOWLEDGES THAT GAMECLUB SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY GAMECLUB OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO ANY CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. GAMECLUB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY GAMECLUB. GAMECLUB'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR GAMECLUB SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY GAMECLUB SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. GAMECLUB'S LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER TO ACCESS AND USE THE SERVICES. You agree that GameClub cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the GameClub Service.
 
Privacy
The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via e-mail and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.
 
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. GAMECLUB AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. GAMECLUB AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. GAMECLUB AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. GAMECLUB MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMECLUB OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT.
 
Interruption of Service
GameClub reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
You acknowledge that the Service may be interrupted for reasons beyond the control of GameClub, and GameClub cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. GameClub shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
 
Unacceptable Conduct
The User may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other User from using or enjoying the Services. The User agrees to use the Services only for lawful purposes. GameClub reserves the right to terminate the User's registered GameClub Forum Account if it determines, in its sole discretion, that the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsection 2) below provides examples of unacceptable conduct, which list is not exhaustive, and GameClub reserves the right, but not the responsibility, to restrict conduct which GameClub deems, in its sole discretion, to be harmful to individual users, damaging to the Services, or in violation of GameClub's or any third party's rights. GameClub may prohibit or delete conduct, communication or content transmitted on GameClub services that is deemed to be in violation of applicable laws or is harmful to other user, the GameClub service community or the rights of GameClub in general. The User acknowledges, however, that communication over the Services often occurs in real-time and GameClub cannot, and does not intend to, screen communication in advance.
 
YOU MAY NOT USE THE SERVICES TO:
i.   Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. GameClub does not condone harassment in any form and may suspend or terminate the Account of any User who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
ii.   Post or transmit sexually explicit images, or point or reference to such images. GameClub prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
iii.   Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If the User engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the User may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the User's registered GameClub Forum Account may be terminated immediately and the User may be subject to civil liability and/or prosecution by law enforcement authorities.
iv.   Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than Users are able to type onto it.
v.   Impersonate any person, including, but not limited to, GameClub's employees, monitors or hosts. The User shall not hold himself or herself out or portray himself or herself as a GameClub staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of GameClub staff shall be grounds for immediate Account termination.
vi.   Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
vii.   Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
viii.   Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation. GameClub services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. The User may not use GameClub Services to collect or "harvest" user names without the express permission of those users. GameClub reserves the right to block and/or filter mass e-mail solicitations on or through the service.
ix.   Violate any operating rule, policy or guideline of any other online service. The User further agrees to abide by the rules of the User's Internet Service Provider.
x.   Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
xi.   Modify any files that GameClub does not specifically authorize the User to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the User's registered GameClub Forum Account and possible civil and/or criminal liability.
xii.   Post to multiple bulletin boards at once and/or send multiple unsolicited e-mails to a single address, sometimes referred to as "spamming". GameClub may take action on a User's Account if any of the following offenses is reported: (a) Posting a similar or identical message to more than 5 bulletin boards; (b) Sending unsolicited mail to more than 30 people or (c) Sending more than two (2) unsolicited e-mails to a single e-mail address. Repeated spamming will result in Account termination. In certain situations, the overall pattern of behavior on an Account or a set of linked Accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, GameClub reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the Account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked Accounts.
xiii.   Post any material on the Web Site that will infringe any copyright, trademark and any other intellectual property right(s) of any third person(s).
xiv.   Violate, intentionally or unintentionally, any operating rule, policy or guideline of any game published by GameClub. The User agrees to accept the decision of GameClub staff regarding the handling of any violations he may have committed.
 
Intellectual Property
The Web Site contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Web Site and each area contained therein are copyrighted. GameClub has been granted the exclusive license to market and operate in the Philippines. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Web Site (including, without limitation, content that the Website enables you to download) without the express written permission of GameClub. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material is allowed by the User expressly for the User's own use. The User acknowledges that the content providers remain the owners of all materials posted on the GameClub website, and that the User does not acquire any of those ownership rights by downloading copyrighted materials.
 
General
The failure of GameClub or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement.
If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Agreement shall continue to be binding on and remain in full force and effect.
The Terms of Agreement, together with any separate written or online agreement between you, GameClub and/or the Service Provider Customer (including but not limited to the Mature Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, GameClub and/or the Service Provider Customer, (including, but not limited to all prior versions of the User Agreement, General Terms of Use, and Terms of Agreement, where applicable).
The Terms of Agreement and the relationship between you, GameClub and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of the Republic of the Philippines, and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action that arose or be forever barred.
Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English.
 
Violations
Please report any violations of the Terms of Agreement through our Web Site Support page on GameClub web site.
I hereby acknowledge that I have read and understood the foregoing License Agreement and agree that by clicking "Accept" or installing any of the games published and distributed by GameClub I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.

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