LEGAL NOTICE FOR YOUR ACCESS AND USE OF THIS WEBSITE
EFFECTIVE AS OF 7/29/2019 AND LAST UPDATE ON 7/29/2019
PLEASE READ THIS LEGAL NOTICE ("LEGAL NOTICE") CAREFULLY AND IN ITS ENTIRETY. THIS LEGAL NOTICE, SETS THE RULES FOR YOUR ACCESS AND USE OF THE WEBSITE AT [URL], AND ANY OTHER SERVICES AND CONTENT THAT WE PROVIDE THROUGH THE WEBSITE (COLLECTIVELY, THE “WEBSITE”). UPON ACCESSING THE WEBSITE YOU WARRANT, AND GUARANTEE, THAT YOU (A) ACKNOWLEDGE THAT YOU HAVE READ THIS LEGAL NOTICE IN ITS ENTIRETY, (B) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (C) ARE AUTHORIZED AND ABLE TO ACCESS AND USE THE WEBSITE.
WEBSITE CONTENT OWNERSHIP
Ownership and License of Websites Materials. All materials on our Websites (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof), is our property (including its subsidiaries), our licensors’ or of third parties, such as but not limited to materials on websites linked to by the Websites or materials by other users of the Websites, and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Websites for your personal and non-commercial use. Any other use of material on the Websites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Websites, or use of the Websites for purposes competitive to us, is expressly prohibited.
We, our licensors and third parties, such as but not limited to websites linked to by the Websites or other users of the Websites, retain full and complete title to the material provided on the Websites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrant nor represents that your use of materials on the Websites will not infringe rights of third parties not affiliated with us.
You may not use contact information provided on the Websites for unauthorized purposes, including marketing.
Trademarks on our Websites. Trademarks, logos, and service marks displayed on the Websites are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.
License to your Content. You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through our Websites or transmitted through third party websites to our Websites (“your Content”).
You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others, without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.
We reserve the right to modify and moderate your Content. You are aware and acknowledge that your Content that is hosted by third party services (for example youtube, Imgur etc.) will not be stored on our hosts but embedded as in-line link. You are aware and acknowledge that your Content will be made publicly available through our websites and other users of the Websites will be granted a license to your Content pursuant to Section of this Legal Notice.
Third Party Links. Our Websites may contain links to other websites, which may be operated by us or its affiliates or third parties (e.g. youtube, itch.io, Twitter, Discord etc.). We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by us or our licensors. If you encounter a link that does not comply with the terms and conditions of this Legal Notice, you are prompted to immediately inform us.
Third Party Services. We use third party services for our Website, including the service provider to create the Website (e.g. Squarespace, Google Analytics) (“Third Party Services”). Any disputes or errors that occur or relate to circumstances that occur because of your interaction with, communication with and or use of these Third Party Services, you are subject that Third Party Service’s terms of services.
Indemnification. Subject to the terms, conditions, express representations and warranties provided in the Legal Notice, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein, except in the event any such Claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or willful misconduct of us.
DISCLAIMER. THE WEBSITES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE LEGAL NOTICE.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE WEBSITE NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USERS ACCESS OR USE OF THE WEBSITE, YOUR USE OF THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.