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Use of Content
Use of Content
You acknowledge and agree that your access to and use of the Site, Content and the Services are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement and that such consideration, along with the mutual promises contained herein, constitutes sufficient and adequate consideration for this Agreement.
Prohibited User Conduct
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Services and participating in the Challenge.
Links from This Site to Third Party Sites
Links to This Site from Third Party Sites
You agree that if you include a link from any other web site to this Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on this Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Site in any manner such that this Site, or any page of this Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We may require that any link to this Site be discontinued, and to revoke your right to link to this Site from any other web site at any time upon written notice to you.
General Disclaimer and Limitation of Liability
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.
G4C controls and operates the Site and Services from offices in the United States of America. We make no representation that the Site, Services or Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, Services or Content, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.
This Site and Services provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. G4C specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at the Site or through the Services.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, timeliness, completeness or legality of material or Content contained in or accessed through the Site or Services. We have tried to ensure that all the Site Content provided on the Site is correct at the time of publication. However, no responsibility is accepted by or on behalf of G4C for any errors, omissions or inaccurate Site Content on the Site.
THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. G4C AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION ,THE SERVICES WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, INACCURACIES, ERRORS OR DEFECTS, ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICES AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
UNDER NO CIRCUMSTANCES WILL G4C OR THE G4C PARTIES, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SERVICES or (B) $500.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We are not responsible for any breach of this Agreement caused by circumstances beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
This Agreement is governed by and is construed in accordance with the laws of the state of New York, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in the state of New York, U.S.A. in all disputes arising out of or relating to the subject matter of this Agreement, including your use of the Services. Notwithstanding the foregoing, G4C shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you, (ii) to obtain a judgment against you where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which you reside or are located, or (iii) to enforce a judgment obtained against you in a New York court.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated 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 full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement constitutes the entire agreement between you and G4C with respect to Services, including use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, written or electronic, between you and G4C with respect to the Services. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted in this Agreement are reserved to G4C.
Contact: You may contact us at the following address:
Games for Change, Inc.
205 East 42nd Street, 17th Floor
New York, NY 10017
Effective date: 10 November 2016.
We do not collect any and will not ask you to provide any personally identifiable information to us, whether with a submission to the Challenge or otherwise through the use of the Services except as set forth below or unless we otherwise mutually agree in writing (and if you are under 18, even then only with the prior written consent of a parent or legal guardian), including through the Submission Form. We will only request personally identifiable information from you in connection with the Challenge or your use of the Site as specified in the Submission Form or if you are chosen as a winner in accordance with the Challenge Rules.
We may aggregate your information with information about other users so that it no longer identifies and cannot reasonably be used to identify an individual person.
If you are chosen as a winner of the Challenge, or if you and G4C otherwise agree to the collection of personally identifiable information,including through the Submission Form, we will only use that information fornon-commercial and educational purposes, and solely for the limited purposes set forth in the Submission Form or the applicable written consent and release form.
We will not use information we collect for any commercial purpose.
We also may share aggregated, anonymized information with third parties, including to help us develop content and services or to help these third parties develop their own products and service offerings. We will not share any personally identifiable information with these parties.
We use these technologies, for example, to help us recognize your browser as a previous user and save and remember any preferences that may have been set; to help us customize the content shown while you use the Services; and to help measure and research the effectiveness of our Services, content, features and other communications.
We may allow third parties to place and read their own cookies, web beacons, and similar technologies to collect information through the Services. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research and analytics.
You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of our site may no longer be available to you.
Games for Change, Inc.
205 East 42nd Street, 17th Fl
New York, NY 10017
Effective date: 10 November 2016.