THE GAME AGENCY, LLC
WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE.
Introduction
You agree to the terms and conditions outlined in these Terms of Use (“Terms of Use”) with respect to this Website (“Website”). These Terms of Use constitute the entire agreement between The Game Agency, LLC (“us” or “TGA”) and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to this Website (and the content, computer programs, and services provided by or through this Website), and the subject matter of these Terms of Use. Notwithstanding the foregoing, if TGA has a license, subscription, or services agreement or similar agreement with you regarding TGA’s provision of products or services to you (“Other Agreement”), in instances of conflict, the Other Agreement shall prevail.
Ownership
This Website is owned and operated by TGA. All right, title, and interest in and to the content, computer programs, and services provided by or through this Website, including, without limitation, design, compilation, information, documents, logos, graphics, sounds, and other materials related to this Website (collectively, “Content”) are owned either by TGA or by third party providers (“Third Party Providers”). Except as otherwise expressly provided by TGA, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Website shall be construed to confer any license under any of intellectual property rights, whether by estoppel, implication, or otherwise. TGA and Third Party Providers, as applicable, reserve any rights not expressly granted herein.
Limited Permission
TGA grants to you non-exclusive, non-transferable, revocable, limited permission to view the Content generally available to the public using a standard Internet browser and standard media player solely for your personal, informational, non-commercial use, provided that (i) the copyright, trademark, and other proprietary notices appearing on any Content are not altered or removed, (ii) the Content is not used on any other Website or in a networked computer environment, and (iii) the Content is not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.
User Communications
Other than personally identifiable information, which is subject to this Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to this Website in any manner is and will be considered non-confidential and non-proprietary to you (“User Communications”). TGA and its designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, and marketing in any manner whatsoever for any or all commercial or non-commercial purposes. TGA may, but is not obligated to, monitor or review any User Communications. TGA shall have no obligations to use, return, review, or respond to any User Communications. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, offensive, or pornographic material, or other material that would violate any guidelines or policies of TGA. TGA will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TGA retains the right to remove any or all User Communications that includes any material TGA deems inappropriate or unacceptable.
Links to Other Websites
From time to time, this Website may contain links to other Websites. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. TGA is not responsible for any content, materials, or other information located on or accessible from any such Website. TGA does not endorse, guarantee, or make any representations or warranties regarding any other Website, or any content, materials, or other information located or accessible from such Websites, or the results that you may obtain from using such Websites. If you decide to access any other Website linked to or from this Website, you do this entirely at your own risk.
Links to this Website
You may not create or maintain any link from another Website to any page on this Website without TGA’s prior written permission. You may not run or display this Website or any Content displayed on this Website in frames or through similar means on another Website or public communication without TGA’s prior written permission. Any permitted links to this Website must comply will all applicable laws.
DISCLAIMER
TGA HEREBY WAIVES AND DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS WEBSITE AND ASSOCIATED CONTENT AND THESE TERMS OF USE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, THAT TGA’ SECURITY METHODS WILL BE SUFFICIENT, OR REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. THIS WEBSITE AND ASSOCIATED CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, SUITABILITY, AND EFFORT IS WITH YOU. TGA IS, UNDER NO CIRCUMSTANCES, RESPONSIBLE FOR THE PRACTICES, ACTS, OR OMISSIONS OF ANY USERS. IF AND TO THE EXTENT THAT ANY OR ALL OF THE WEBSITE AND ASSOCIATED CONTENT ARE DELAYED, SUSPENDED, OR TERMINATED FOR REASONS BEYOND TGA’ REASONABLE CONTROL, INCLUDING THE INABILITY OR UNWILLINGNESS OF THIRD PARTY PROVIDERS TO PROVIDE SUPPORTIVE SERVICES, TGA HEREBY DISCLAIMS ANY AND ALL LIABILITIES ASSOCIATED THEREWITH. ALL CONTENT PROVIDED BY THIRD PARTY PROVIDERS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY SUCH CONTENT IS STRICTLY BETWEEN USERS AND THE THIRD PARTY PROVIDERS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL TGA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEBSITE OR ASSOCIATED CONTENT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ASSOCIATED CONTENT, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, TGA”S SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO [US$100.00].
Indemnification
You agree to indemnify, defend, and hold TGA and its directors, officers, shareholders, employees, agents, partners, and representatives harmless from any liability, loss, claim, or expense, including attorneys’ reasonable fees, related to your use of this Website or associated Content or violation of these Terms of Use.
Applicable Laws; Jurisdiction
This Website is administered by TGA from its offices in Stamford, Connecticut. These Terms of Use will be governed by and construed in accordance with the laws of the State of Connecticut, exclusive of its choice of law rules. The exclusive jurisdiction of any arbitration or any other legal or court proceeding will be in the State of Connecticut. You hereby waive any jurisdictional, venue, or inconvenient forum objections.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TGA’s designated agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property owner;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Website;
- Your address, telephone number, and email address so that we can contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
TGA’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
By mail: TGA Registered Agent, The Game Agency, LLC, 470 West Avenue, Suite 1001, Stamford, CT 06902, U.S.A.
By email: [ ]
We reserve the right, in our sole discretion, to block anyone from use of the Website if we find the person to be tampering with the operation of the Website or to be acting in any manner we deem to be in violation of these Terms of Use, Privacy Policy, or Applicable Law; or to be acting in any manner we deem to be disruptive, or with intent to annoy, abuse, threaten, or harass others. We further reserve the right, in our sole discretion, to seek damages and other remedies, including without limitation, attorneys’ fees, from any such person to the fullest extent of the law, including criminal prosecution.
Changes
TGA reserves the right in its sole discretion to change, edit, or delete any or all features or other aspects of this Website and associated Content at any time and from time to time without specific notice to you. TGA will post the latest Terms of Use on this Website. You should review the then current Terms of Use prior to each use of this Website because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Website or Other Agreements, if any.
Last Revised: April 26, 2016