Purpose of Character / Transformative Use - those that add something new, with a further purpose or different character, and do not substitute for the original use of the work. Not merely copying another work.
Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely.
Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.
Modification / Mod Tools - Tools may be posted on the site by a user of our services/site.
Modification / Mod Downloads - Most game mod downloads are only container files that contain very little of the original work (copyright material) and are used to find and replace or add additional code to the game files. When there is code that comes from the game, it is used as a "find and replace" or "find and add to" tool. Please see the points above about the tools as the points all are reflected on this portion (especially Transformative and Amount). The downloads cannot work independent of the original work (copyright material). Most cannot be played or used without a tool injecting the code into the game file. The user will have to have purchased the game or game console in order for the modification download to work.
Modification Tutorials - Guides showing users how to modify the content that they have legally purchased or obtained. These tutorials found on our services/website walk users through how to modify their purchased games, game consoles, computers, and programs to better suit the user and are for educational use only.
Glitch Tutorials - In order for a user to perform a glitch on a game or game console, they must have previously purchased the game or game console. Glitches are used by the end user, finding holes in the code or game play, that allows them to do something outside of the original game or game console mechanics. The expressive nature of the videos on game or game console glitches fall under the Fair Use Act points listed above. Glitches cannot be performed independent of the copyright material.
Read more on the Fair Use Act