This Term of Use Agreement (hereinafter the "Agreement") is entered into as of this date by you (hereinafter "User"), an individual, and Gamestotal.com (hereinafter "Company"), a corporation formed under the laws of the State of Malaysia
WHEREAS Company is engaged in the business of operating a website that allows Users to post their content;
WHEREAS User desires to obtain and Company desires to grant to User a non-exclusive license to use "The Website" on-line for use in accordance with the terms and conditions set forth herein.
NOW THEREFORE, in consideration for the mutual representations, warranties and covenants contained herein, the parties hereby agree as follows:
Section 1. Definitions
1.1 "Territory" shall be as defined in Exhibit A.
1.2 "The Website" shall mean the existing website not limited to the virtual html pages, software & configuration; physical computer servers, cables and other computer equipment that is located on the internet http://manga.gamestotal.com
1.3 "Uploaded Content" shall mean content that is provided by the User, not limited to graphic files, text files, name, characters, storyline
Section 2. Grant of Rights
2.1 Company hereby grants to User a non-exclusive, royalty-bearing-free license to the on-line use of the website on the internet, on the terms set forth in this Agreement.
2.2 Except as set forth in this Agreement, Company hereby retains, all rights to the website; not including Uploaded Content, including but not limited to: brand, rights to all sequels and derivative products, all intellectual property rights (name, characters, story, trademarks, logos, copyrights, source code, music or other content), all ancillary merchandising rights (aside from those explicitly granted in this Agreement), on-line or otherwise, including distribution methods for The Website other than through online distribution and the production of short stories, novels, role-playing supplements
2.3 Except as set forth in this Agreement, User hereby retains, all rights to the Uploaded Content, including but not limited to: brand, rights to all sequels and derivative products, all intellectual property rights (name, characters, story, trademarks, logos, copyrights, source code, music or other content), all ancillary merchandising rights (aside from those explicitly granted in this Agreement), on-line or otherwise, including distribution methods for The Website other than through online distribution and the production of short stories, novels, role-playing supplements
Section 3. Obligations
3.1 Company obligations:
3.1.1 Hosting of The Website: Company will provide the hardware, bandwidth and technical support necessary to host The Website on-line to the best of their ability
3.1.2 Company will not be in anyway held liable for maintaining, monitoring any of the Upload Content
3.1.3 Company has the right to censor, remove or delete any of all of the Upload Content without notice at the sole discretion of the Company
3.2 User Obligations:
3.2.1 User will solely be responsible for obtaining the rights, copyrights or lawful consent by there rightful owners to the Upload Content which includes but not limited to; name, characters, story, trademarks, logos, copyrights, source code, music or other content
3.2.2 User will ensure Upload Content abides by the laws of both the User and Company`s residing country
3.2.3 User will agree not to submit material that publish misrepresentations or information that the Company or any third party finds offensive; submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or provide information that could lead to terrorism, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business; impersonate another person
3.2.4 User shall be held legally liable and responsibly in both the User and the Company`s residing country`s laws and rules. All Upload Content provided by user is deemed to have been created by the user; or the user has obtained and paid for in full for the necessary trademarks, logo, licenses, copyrights, consents, and permissions to publicly use the Upload Content on the website for free for both other users and the company.
3.2.5 User will maintain Upload Content that has been posted by them or others
This site hosts images and links of our users (specifically people who play our games) and all content is posted by our users. In no way we will be responsible for your content as that is the user`s responsibility. If a user violates our rule (ex: porn, pirate, bootleg, items promoting terrorism, etc) then the user`s account will be deleted along and all his/her images and links will be removed. Due to privacy concerns we do not store IP-Addresses therefore we will not be able to ban users based on an IP-Address, not provide IP-Address of any users in the case of a court order. We will post up an announcement if in the event the goverment manages to get a court order to force us to record IP-Addresses in the future.