Legal

 

Terms of Use

The Terms of Use cover VideoGameMuseum.com and any associated content including, but not limited to, email, Twitter, Facebook, YouTube, and RSS feeds. Please read our Terms of Use carefully before accessing VideoGameMuseum.com or associated content. Your use of VideoGameMuseum.com or associated content indicates your agreement to abide by the Terms of Use in effect.

1. Use of Content – VideoGameMuseum.com gladly makes its original content available under a Creative Commons Attribution Non-Commercial License for non-commercial reproduction with credit to the source site. This license permits anyone to reproduce, remix, or otherwise alter original VideoGameMuseum.com site material as long as the logo is displayed and credit is given. This includes, specifically, permission:

a. to reproduce quotes

b. to reproduce screenshots of any page from VideoGameMuseum.com

c. to include original VideoGameMuseum.com material in mash-ups, mixes, parodies, caricatures, etc…for movies, TV, print, or online

Important Note: This does not include the right to republish images from VideoGameMuseum.com since VideoGameMuseum.com may not be the copyright holder, except in the context of a screenshot of the entire site. VideoGameMuseum.com makes no representations or guarantees about the suitability for third-party use of content that appears on VideoGameMuseum.com, and licenses herewith only the content of which VideoGameMuseum.com is the copyright holder.

 

2. RSS Feeds – VideoGameMuseum.com provides an excerpted RSS feed for VideoGameMuseum.com at http://feeds.feedburner.com/VideoGameMuseum.If you are using all or  nearly all of the feed, we request that you do not modify it in any way.  That request includes that you not strip out advertisements and that you abide by these guidelines:

a. Full ad-integrated feeds are intended for personal use in RSS readers only.

b. For reproduction on websites and for all other feed uses, you should only use the excerpted feeds, unless otherwise agreed with VideoGameMuseum.com.

c. We ask that you not splice the RSS feeds into or otherwise redistribute them via or integrate them into third-party RSS providers.

d. We ask that you do not add content, including advertisements, promotions, or other content into the RSS feeds.

e. VideoGameMuseum.com reserves the right to object to your presentation of our RSS feeds and reserves the right to require you to cease using our RSS feeds at any time.

f. Additionally, VideoGameMuseum.com reserves the right to terminate its distribution, change content, change formatting, or to make other changes to its RSS feeds at any time without notice.

 

3. Web Syndication of VideoGameMuseum.com Content

a. Internal links in site content may not be removed.

b. Please include a link to original VideoGameMuseum.com article or content.

c. The VideoGameMuseum.com logo and/or URL must appear on each page displaying VideoGameMuseum.com site content.

d. The format, content, and other text included in RSS feeds may not be modified.

 

4. Print Syndication Terms of Use

a. Reproduction of screenshots from VideoGameMuseum.com is permissible, without prior written approval, as long as the VideoGameMuseum.com logo and site URL are clearly visible or otherwise accompany the screenshots. See above for general permissions on partial content.

b. The VideoGameMuseum.com logo and URL must appear prominently at the top of each section displaying site content.

c. Content of VideoGameMuseum.com must be unedited, except to replace hyperlinks with full length URLs.

d. Images from VideoGameMuseum.com must not be used in print independently of VideoGameMuseum.com attributions without obtaining copyright clearances.

 

5. General Terms of Use – VideoGameMuseum.com provides content “as is” and VideoGameMuseum.com shall not be held liable for your use or other third party use of the information, the feeds, or other VideoGameMuseum.com content. Use of VideoGameMuseum.com’s content, including but not limited to VideoGameMuseum.com’s text, images, or videos, on your site, or in print, is entirely at your discretion. VideoGameMuseum.com is not responsible for any complaints pertaining to content that you choose to display in print or on your site.  TO THE FULLEST EXTENT ALLOWED, VIDEOGAMEMUSEUM.COM DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds provided above or at VideoGameMuseum.com, you are indicating that you both understand and agree to these terms and conditions which are set forth in the Terms of Use.

 

6. Corresponding with VideoGameMuseum.com – Any correspondence with VideoGameMuseum.com or submission of content to us, including any documentation, images, or videos, is considered property of VideoGameMuseum.com. VideoGameMuseum.com reserves the right to reproduce such content, in whole or in part, on VideoGameMuseum.com and to use it in any way we choose. In submitting content to us, you represent that the content is yours to send and to give to us, that it does not infringe on any third party’s rights–copyright, trademark, privacy rights and the like–and that it is not libelous or unlawful in any way.

 

7. Comments –. VideoGameMuseum.com does not accept responsibility for the information posted in the Comments section of our website. In order to make comments enjoyable and useful to all users, we have established the following guidelines for comment users:

a. Users may not post anything threatening, harassing, libelous, or defamatory.

b. Users may not intentionally make misleading or false statements.

c. Users may not offer to buy or sell any product or service unless that product or service is being offered by VideoGameMuseum.com.

d. Users must respect copyright laws and may not post material that infringes copyright or intellectual property interests.

e. A user may not post information that you know to be sensitive, confidential, or otherwise in breach of the law.

f. Please, keep all comments relevant to the particular VideoGameMuseum.com article or page where you are posting the comment.

 

As a reminder, once you post a comment to VideoGameMuseum.com, it becomes part of the public conversation. We may remove a user’s comments that we feel are in violation of our Terms of Use. You are responsible for your thoughtful review of your comments before posting them.  We cannot remove your comments simply because you have a change of heart after making them. VideoGameMuseum.com reserves the right to remove comments, and, at times, to block, restrict, or otherwise remove comment accounts entirely at our discretion, including for alleged violations of Terms of Use or legal rights.

 

VideoGameMuseum.com is not responsible for the content posted in user comments. If a third party complains that your comment violates our Terms of Use or that it violates their rights, we may invite them to respond in the comments themselves. If they pursue the complaint, we will make a reasonable effort to contact you by the information you have provided us in order to alert you of the situation. We will protect your contact information as described in our Privacy Policy; however, we may be compelled to turn it over pursuant to legal process.

 

8. Image and Video Terms of Use – VideoGameMuseum.com sites display images, audio, and video (the “Material”) as part of blog posts and site pages written by our staff. The types of Material our staff is authorized to use on VideoGameMuseum.com include:

a. Material licensed from video vendors and from photographic archives;

b. Material released into the public domain or supplied to our editors or by public relations and marketing companies for press purposes;

c. Reader-submitted Material, which carries the implied representation that the person who submits the material owns the copyright to the material and the right to give it to us for use on VideoGameMuseum.com sites;

d. Material published on public photo/video sites such as Flickr with licenses granted under Creative Commons.  Such material will be used with attribution and in accordance with the Creative Commons license granted in each case;

e. Material commissioned by VideoGameMuseum.com;

f. Material we believe is covered by the Fair Use Doctrine, while taking into account factors such as:

i. The character and purpose of the use (i.e. transformation from the original, use for criticism, satire and/or parody)

ii. The nature of the copyrighted work (i.e. factual or newsworthy versus creative works)

iii. The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution Material used for no more than to convey the point made)

iv. The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)

 

9. Notices – If VideoGameMuseum.com receives notice that Material posted does not follow its Terms of Use or the intended use of the Comments section where it is posted, we reserve the right to remove the material. If you think we have published Material that infringes your copyright, we will address your concerns; however, if the Material falls into one of the categories listed above, then our use is legitimate, and we are under no obligation to remove it from our site.  We will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site.

To file a notice of infringement with us, you must submit your case by email with an attached and signed PDF detailing the items specified below.

a. For each allegedly infringing image, video or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.

b. Provide information reasonably sufficient to permit us to contact you such as an email address or a telephone number.

c. For images, provide proof of copyright in the image concerned, namely proof of registration of the image under the DMCA; OR, if you do not have such registration, a detailed description of where the photograph was taken, by whom, the subject of the image, and evidence to support your claim that you own the copyright in the image. We will not comply with requests to remove an image if you cannot prove that you own the copyright.

d. Include the following statement: “I swear, under penalty of perjury, that the information in the 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.”

e. Sign the document, convert it to a PDF, and email it to: mark [at] videogamemuseum [dot] com.

 

You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our site is infringing your copyrights.  If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.  Please note that a copy of each legal notice (with your personal information removed) we receive will be sent to Chilling Effects for publication. You may see an example of such a publication here.  We also reserve the right to publish your letter on VideoGameMuseum.com.

 

10. External Links Disclaimer – VideoGameMuseum.com routinely contains links to third-party, external websites. By linking to other sites, VideoGameMuseum.com does not guarantee, approve or endorse the products or information available at these sites, nor does a link indicate any association with or endorsement by the linked site to VideoGameMuseum.com.

VideoGameMuseum.com does not control or operate and has no responsibility for the information, products, services, and/or information on any external sites. Such links do not represent or endorse the reliability or accuracy of any information, products and/or services presented on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to VideoGameMuseum.com assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to tat site’s administrator or webmaster.

 

11. General Disclaimer – VideoGameMuseum.com sometimes functions as a gossip site. We publish both rumors and conjecture in addition to accurately reported information. While we do our best to screen information, sometimes information on VideoGameMuseum.com may contain errors or inaccuracies.  VideoGameMuseum.com’ proprietors make no warranty as to the correctness or reliability of the site’s content. Links to content on and quotations of material from external, third-party sites are not the responsibility of VideoGameMuseum.com.

Emails or other messages sent to VideoGameMuseum.com accounts or affiliates are considered our property. We will respect and protect anonymous sources as tipsters, but before sending us correspondence, please remember that all correspondence with us is considered available for publication.

VideoGameMuseum.com is in compliance with the Digital Millennium Copyright Act. If you would like more information on the legality of thumbnail usage of photographs, please download and read the 9th Circuit Court’s ruling in Kelly v. Arriba Soft Corp (July 7th 2003).

 

12. Information Security – VideoGameMuseum.com respects information security. Under our security practices, access to personally identifiable information is authorized only by employees who have a business need for such access, and sensitive records are to be retained only as long as necessary for business or legal needs and is destroyed before disposal.

Although we work hard to protect personal information that we have collected and stored, we recognize that no program is one hundred percent secure.  For that reason, we cannot guarantee that our safeguards will prevent one hundred percent of unauthorized attempts to access, use or disclose personal information.

If you become aware of a security issue, please email us at mark [at] videogamemuseum [dot] com. We will work with you to address any problems.

 

13. Notification of Changes – Whenever VideoGameMuseum.com changes our Terms of Use, we will post those changes to our Terms of Use page:  http://www.videogamemuseum.com/legal

 

14. Effective Date – This statement of the Terms of Use is effective December 12, 2011.