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I. GamerNook Registered Member User Agreement
Welcome to GamerNook.com! We are glad you have decided to join our community. We look forward to your involvement with our sites. Before you begin delving into the vast services and content available on our sites, please take a moment to review this User Agreement(the "Agreement"). This Agreement is an agreement between you and GamerNook, Inc. It is important that you understand both the benefits we provide as well as our limitations. This Agreement applies to the web sites owned by GamerNook, Inc. ("GamerNook") including GamerNook.com. We refer to these web sites as the "GamerNook Sites." While the GamerNook Sites each offer a different combination of services and tools from one site to another, this agreement reflects the GamerNook approach to memberships across our Sites.
1. Acceptance of Agreement. When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. We will notify you of any significant updates by presenting you with an alert that describes the changes. Your continued use of our services signifies your acceptance of the changes. This Agreement will always be available to users on this page for you to read. When using free services offered through GamerNook' third-party service providers, such as email, you will be subject to terms posted by these third-party service providers. Registration for an GamerNook Site signifies your agreement to those additional terms. Also, by opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms.
2. Children. The GamerNook Sites are not directed to children under the age of 13. The GamerNook Sites will not knowingly collect personally identifiable information from anyone under 13. Note to Parents. If you have any concerns about the Gamernook Sites or its related services, please contact us at Gamernook@gmail.com
3. About our Service
A). GamerNook Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content and branded programming through GamerNook' web site-based "Service." Some services offered on the GamerNook Sites are presently provided free of charge. It is possible that this could change in the future.
B). Service Limitations. We will do our best to make your experience with the GamerNook Sites a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that GamerNook' services, including the services of our third party service providers, are provided "AS IS." The GamerNook Sites and our third party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.
C). Service Changes and Discontinuation. GamerNook reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that GamerNook will not be liable to You or any third party for any modification or discontinuance of the Service.
D). Privacy Policy. GamerNook respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to these Agreement, you are also accepting the terms of our Privacy Policy.
4. GamerNook Rules For the benefit of the entire GamerNook community, and to comply with applicable laws, we have a few mandatory guidelines that we call "Rules of the Road." We hope you will find them reasonable. Please understand, though, that any conduct that violates the Rules of the Road is grounds for termination of your account. For this reason, we ask that you carefully read and follow them.
A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the GamerNook Sites' registration forms (we call this information "Registration Data"). Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.
B). Guard Your Password. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account. And you are fully responsible for all activities that occur using your password or account. Please notify GamerNook immediately of any unauthorized use of your password or account or any other breach of security.
C). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others.
D). Use E-mail and Voice-Mail Responsibly. Some of GamerNook' web sites presently provide members with access to free email and/or voice mail accounts. In return for this free access, you agree not to use the service to broadcast "junk mail," "spam," "chain letters," or unsolicited mass distribution of files or images. In order to ensure that these communication services are not abused, GamerNook may establish general practices and limits concerning their use. These may include but are not necessarily limited to a maximum number of days that messages will be retained by the service, a maximum number of messages that may be sent from or received by an account on the service, a maximum size or length of any message that may be sent from or received by an account on the service, a maximum amount of disk space that will be allotted for your stored messages, and a maximum time period and number of times you may have access to the service in a given time frame. If you receive email that you find harassing please forward the email to us at Gamernook@gmail.com . Be sure to include a description of the situation surrounding receipt of the email in question.
E). Content Restrictions. The GamerNook Sites attempt to provide some of the very best content available on the web and make it available to You on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of the GamerNook Sites are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on the GamerNook Sites is strictly prohibited without the prior written permission of GamerNook. Content that is publicly available on the GamerNook Sites may not be stored in a computer, except for personal and non-commercial use.
F). Limits On Uses of User Information By using any of the GamerNook Sites you agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user's (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by GamerNook. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences at a site or network outside of GamerNook; using the data for targeted marketing campaigns not affiliated with GamerNook; or using the data to offer services to GamerNook users. GamerNook reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
G). Consolidated Sites GamerNook users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operators access to your GamerNook accounts or membership information so that the information can be used to design customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. GamerNook is therefore not responsible if the security, accuracy or quality of your information if it is compromised by a consolidation site you have authorized to access your data.
5. Rights You Grant to the GamerNook Sites
A). Distributing Content You Produce. Subject to GamerNook' Privacy Policy, you are licensing to the GamerNook Sites and our third party service providers any "content" you provide through or to the GamerNook Sites and the service they offer. The GamerNook Sites may modify, display, distribute and create new material using such content on GamerNook Sites for the promotion and marketing of our services and the operation of our system. Notwithstanding this license, GamerNook will take reasonable precautions to help you to keep your email and voicemail messages private. By submitting content, you automatically agree, or promise, that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, the GamerNook Sites and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself.
B). GamerNook Advertising. The GamerNook Sites rely on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that the GamerNook Sites may display advertisements and promotions of all kinds in and with the services.
C). Account Access. In order to ensure that the GamerNook Sites are able to provide high-quality services that are responsive to members' needs, you agree that GamerNook employees have access to your account and records as reasonably needed to investigate complaints.
D). Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by GamerNook, GamerNook may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.
6. Other Legal Stuff
A). Disclaimer of Warranties. You expressly understand and agree that: Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. GamerNook and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. GamerNook makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the GamerNook Sites, our third party service providers, or through or from the Service will create any warranty not expressly stated in the Agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.
B). No Endorsement of Member Content. You acknowledge and agree that the GamerNook Sites do not endorse the content of any member and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that the GamerNook Sites do not pre-screen all content, but that the GamerNook Sites and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.
C). Limitation of Liability. You agree that the GamerNook Sites will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the GamerNook Sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service.
D). Indemnification. You agree to protect and fully compensate the GamerNook Sites and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E). More Stuff. The GamerNook Sites provide information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. The GamerNook Sites do not endorse any of the treatments, medications, or products discussed herein. GamerNook' rights under this Agreement may not be waived unless GamerNook agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with GamerNook' prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void. All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of New Jersey, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and the GamerNook Sites about the services.
II. Charges, Billing and Subscription Terms of Service THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("SUBSCRIBER", "YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND GAMERNOOK, INC. ("OUR," "US," "WE" OR "GamerNook"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING GAMERNOOK' PREMIUM SERVICE (THE "SERVICE"). BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS.
1. Payment Obligation and Credit Card Authorization You are responsible for paying periodic subscription fees. All listed fees are in U.S. dollars. As a subscriber to GamerNook Sites and Services, you agree that we are permitted to charge your credit card (or other approved facility) to pay for the initial Service subscription, any automatic renewals and any other charges you may incur in connection with your use of GamerNook Sites and Services. The subscription fee will be billed at the beginning of your subscription and on each annual, monthly or other renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below. You give permission for us to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. If you terminate your subscription before the expiration of the current term but within this 5 day window, we will reverse the charge for the renewal term. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable. Only in cases of demonstrated fraud will these payments be refunded. Your payment is to reserve your account in an "open" status for the time period paid. You acknowledge and agree that the authorization to charge your credit card for Services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order Services online. Payment must be made by a major credit card accepted by GamerNook. If GamerNook does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by GamerNook. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT GAMERNOOK, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. GAMERNOOK RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY GAMERNOOK, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT GAMERNOOK. GAMERNOOK MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription to the Services, as provided below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
2. Cancellation of Your Subscription You may terminate your subscription at any time. When you terminate your account, it will not be automatically renewed and access will be terminated on the expiration date. Termination of this Agreement shall not relieve you of any obligations to pay accrued charges. You acknowledge that GamerNook, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if GamerNook believes that you have violated or acted inconsistently with the letter or spirit of the Agreement or GamerNook' User Agreement. GamerNook may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GamerNook may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that GamerNook shall not be liable to you or any third-party for any termination of your access to the Service.
3. Taxes You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably requested by GamerNook. GamerNook and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.
4. Trial Memberships GamerNook occasionally offers promotional trial memberships to its premium services at special discounted prices. Subscribers that sign up for such trial memberships will be automatically renewed at the normal subscription rate at the end of the trial period, unless the Subscriber cancels at least 24 hours before the end of the trial.
5. Subscriber Information You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. Subscriber must promptly inform GamerNook of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until GamerNook is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of premium services.
6. Access Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. GamerNook will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to premium service is a breach of this Agreement and a violation of law.
7. Warranty No warranty is made by GamerNook regarding any information, services, or products provided through or in connection with premium services, and GamerNook hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The subscriber hereby warrants and represents that he or she is in all respects qualified and competent to enter into this agreement. 8. Limitations of Liability YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
9. Use Restriction The material on the GamerNook Sites is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. GamerNook spends a great deal of time and money to obtain the information appearing on its sites. Subscribers agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from GamerNook Sites, without express written permission from GamerNook. Subscribers agree that, should they do so, GamerNook reserves the right to cancel their subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law. 10. Modifications This agreement is subject to change by GamerNook at any time. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted at http://www.gamernook.com/static/user_agreement/ If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on the GamerNook Sites will constitute your binding acceptance of the change.
11. Notices Notices by GamerNook to Subscribers may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by electronic messages.
12. FAQ For answers to questions about your GamerNook premium services subscription, please visit our FAQ at www.gamernook.com All questions that can't be answered via the FAQ should be sent to Gamernook@gmail.com Please include your name and username in all correspondence or we will not respond.
13. The Agreement This Agreement is governed by the laws of the State of Ohio, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Hamilton County, Ohio, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. GamerNook expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and GamerNook with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GamerNook with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. Communities
A) Registering for the Community Forums/User Pages (the "Boards"), you agree to use the message boards and member pages only to post information and send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a message board, you will not: " Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. " Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. " Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. " Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. " Advertise or offer to sell any goods or services for any commercial purpose. " Conduct or forward surveys, contests, pyramid schemes or chain letters. " Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner. " Restrict or inhibit any other user from using and enjoying the message boards. " Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
B) Message Board/User Page termination. GamerNook and its affiliates reserve the right to terminate your access without refund to any or all of the Boards or your User Page at any time without notice for any reason whatsoever.
C) Monitoring. GamerNook and its affiliates have no obligation to monitor the Boards or the content posted on your User Page. However, GamerNook and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GamerNook' or any of its affiliates' sole discretion.
D) Usage. The Boards are a public forum and not private communications and others may read your communications without your knowledge. You should not have any expectation of privacy relative to your communications on the Boards. Always use caution when giving out any personally identifying information about yourself in any message board community. The information, content and pictures posted by you on the User Pages is done so at your own risk. GamerNook is not responsible for its theft, copying or placing of that content, image or information on other sites on the world wide web. GamerNook and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, GamerNook and its affiliates specifically disclaim any liability with regard to the Boards and any actions resulting from your participation or the participation of others on any Board. Board managers and hosts are not authorized spokespersons of GamerNook or any of its affiliates, and their views do not necessarily reflect those of GamerNook and its affiliates. They do, however, set standards on their own forums. By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through GamerNook, its Boards or User Pages, you are granting GamerNook and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
15. Downloads Any material or third party software downloaded through or for the use of the Download Service is done at your own discretion and risk, and GamerNook will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the GamerNook Sites, our third party service providers, or through or from the Download Service will create any warranty not expressly stated. GamerNook makes no representation or warranty that (i) the Download Service will meet your requirements, (ii) the Download Service will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods,or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of the Download Service will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Download Service will meet your expectations, and (vi) any errors in GamerNook or third party software will be corrected.
16. The parties have agreed that this Agreement shall be written in English.