ToS (Terms of Service)


Updated 11/1/2020

With this Service you are able to discover, create, and share content. It also provides a forum and community for people to connect with one another regardless of location. It acts as a distribution platform for original content, content creators large and small. There's even potential to earn money with your content thanks to Contributor Partner Program.

Service Provider

Best Little Sites LLC, a company operating under the laws of Utah, located at 237 E Lake View Dr, Vineyard, UT 84059 (referred to as “Best Little Sites LLC”, “BLS”, “GameFragger.com”, “”, “we”, “us”, or “our”) is responsible for providing this service. References to “Affiliates” is in reference to the other companies and web sites within the Best Little Sites LLC corporate group (now or in the future).

Terms

Your use of the Service is subject to these terms, the GameFragger.com Community Guidelines and the Copyright Policies and Trademark Policies which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these terms are for informational purposes and are not expressly part of the Agreement.

Please read this entire Agreement carefully to ensure that you fully understand it and what you are agreeing to. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.


Who may use the Service?


Age Requirements

You must be at least 13 years old to use the Service. Children of all ages may use GameFragger.com Kids (where available) if they have permission of their parent or legal guardian.

Permission by Parent or Guardian

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please read through this Agreement with them.

If you are a parent or legal guardian of a user that is under the age of 18, you are subject to the terms of this Agreement by allowing your child to use the Service and responsible for your child’s activity on the Service.

Businesses

If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.


Your Use of the Service


Content on the Service

The content on the Service includes text, graphics, photos, videos branding (trade names, trademarks, service marks, logos, etc.), interactive features, and other materials whether provided by you, GameFragger.com or a third-party (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. GameFragger.com is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it.

Accounts and Sites

Much of the Service such as browsing and searching for Content, doesn't require a account. However, you will need a account to make use some features. With a account, you may be able to like articles, comment on content, follow other users, create your own GameFragger.com content, and more. You can create an account here!

Registering for a GameFragger.com account will give you additional abilities, features and functions such as writing content and posting to the site, commenting on posts, etc.

Please keep your password confidential to protect your account. Do not reuse your account password or share it with others.

Your Information

Our Privacy Policy explains how we treat your personal information and data when you use the Service.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show GameFragger.com content through social sharing or embeddable GameFragger.com media when available.

You are not allowed to:

  1. sell, reproduce, download, distribute, display, license, alter, modify or otherwise use any part of the Service or any Content unless it expressly authorized by the Service, or with prior written permission from GameFragger.com and, or, the respective rights holders;
  2. circumvent, disable, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
  3. access the Service using any automated means (such as robots, scrapers, etc.) except (a) in the case of public search engines, in accordance with GameFragger.com’s robots.txt file; or (b) with GameFragger.com’s prior written permission;
  4. collect or harvest any information that might identify an individual unless permitted by that person or allowed under section (3) above;
  5. use the Service to distribute unsolicited promotional, commercial content, unwanted or mass solicitations;
  6. cause or encourage inaccurate measurements of user engagement or use with the Service, including by paying people to visit or providing them with incentives to increase views, comments, or otherwise manipulate engagement metrics in any manner;
  7. misuse any reporting, complaint, dispute, or appeals process, including by making groundless or frivolous submissions;

Reservation

Using the Service does not give you ownership of, or rights to, any aspect of the Service, including user names or any other Content posted by others or GameFragger.com.

Changes to the Service

GameFragger.com is constantly improving and modifying the Service. We may also alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.


Your Content and Conduct


Creating Content

If you have a GameFragger.com account, you may be able to create Content to and through the Service. You may use your Content to promote your business or artistic enterprise. If you choose to create Content, you must not submit to the Service any Content that does not comply with this Agreement (including the GameFragger.com Community Guidelines) or the law. The Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service.

Rights you Grant

You retain ownership rights to your Content.We do require that you grant certain rights to GameFragger.com, and other users of the Service, as described below.

License to GameFragger.com

By creating Content through the Service, you grant to GameFragger.com a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and GameFragger.com’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

License to Other Users

You also grant each user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). This license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree that GameFragger.com may retain, but not display, distribute, or perform, server copies of your content that have been deleted or removed.

Removing Your Content

You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By GameFragger.com

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to GameFragger.com, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for GameFragger.com or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, GameFragger.com or our Affiliates.

Copyright Protection

If you believe your copyright has been infringed on the Service, please contact us.

We respond to notices of alleged copyright seriously. GameFragger.com's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.


Account Suspension & Termination


Terminations by You

You may stop using the Service at any time. Select the "Cancel My Account" option on your account page.

Terminations and Suspensions by GameFragger.com

GameFragger.com may disable, suspend or terminate your access, your account, or your account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, GameFragger.com or our Affiliates.

Terminations by GameFragger.com Due to Service Changes

GameFragger.com may terminate your access, or your account’s access to all or part of the Service if GameFragger.com believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by GameFragger.com unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for GameFragger.com or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, GameFragger.com or our Affiliates.

Effect of Account Suspension or Termination

If your account is terminated or your account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as browsing, viewing and searching) without an account, and this Agreement will continue to apply to such use. If you believe your account has been terminated in error, please contact us.


Other Legal Terms


Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND GameFragger.com DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, GameFragger.com, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

  1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
  4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
  5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
  6. ANY CONTENT WHETHER SUBMITTED BY A USER OR GameFragger.com, INCLUDING YOUR USE OF CONTENT; AND/OR
  7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

GameFragger.com AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT GameFragger.com HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 3 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO GameFragger.com, OF THE CLAIM; AND (B) USD $100.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GameFragger.com, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by GameFragger.com. GameFragger.com has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.


About this Agreement


Modifying this Agreement

We may modify this Agreement to reflect changes to our Service or for legal, regulatory, or security reasons. When possible, GameFragger.com will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have created and discontinue your use of the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by Utah law, except Utah’s conflict of laws rules, and will be litigated exclusively in the federal or state courts Utah, USA. You and GameFragger.com consent to personal jurisdiction in those courts.

Limitation on Legal Action

YOU AND GameFragger.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.