THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST GAMER DIGEST, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact Gamer Digest at [email protected].
- License to Use the Site
Subject to these Terms, Gamer Digest hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site solely for use in accordance with these Terms. Any rights not explicitly granted in these Terms are strictly withheld and reserved by us. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all content, photographs, and other materials, including the Site, made available to you are the copyrighted work of Gamer Digest or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited.
- General Restrictions on Use
You agree to use the Site only for purposes that are permitted by these Terms. You agree that you will not violate any applicable laws, regulations, or generally accepted practices and guidelines in the relevant jurisdictions in connection with your use of the Site. You may only use the Site Content only for non-commercial use as provided in these Terms, including the restrictions below.
You agree that you will not distribute, upload, make available or otherwise publish through the Site any Comments (as defined below) or similar materials that:
- are unlawful or encourage another to engage in anything unlawful;
- contain a virus or any other similar malicious software that may damage the operation of our or another’s computers or systems;
- infringe upon any copyright, patent, trademark, trade secret, right of privacy, right of publicity or other right of any person or entity;
- are false, inaccurate, fraudulent or misleading; or
- are libelous, defamatory, obscene, inappropriate, abusing, harassing, threatening or bullying.
You further agree that you will not (and will not attempt to) do any of the following:
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Site;
- interfere with or disrupt the operation of the Site, including restricting or inhibiting any other person from using the Site by means of hacking or defacing;
- transmit to or make available in connection with the Site any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of the Site or to breach our security or authentication measures;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion;
- harvest or collect the email addresses or other Personal Data of other users of the Site;
- scrape or collect any content from the Site via automated means;
- submit or post false, incomplete or misleading information to the Site, or otherwise provide such information to us;
- register for more than one user account; or
- impersonate any other person, entity or business.
In addition, we reserve the right to review, edit or remove any Comments, however, we are not required to routinely screen, monitor or review Comments on the Site.
You agree that you are not licensed or permitted to access any portion of the Site that we have not made public or accessible to users (whether registered or not), and you may not attempt to override any security measures in place on the Site.
Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Site shall not be limited to violations of this General Restrictions on Use section. You acknowledge and agree that the unauthorized use of the Site or the Site Content could cause irreparable harm to Gamer Digest and that in the event of such unauthorized use, Gamer Digest shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Intellectual Property
As between you and Gamer Digest, Gamer Digest owns all patent, copyright, trademark, trade secret, ideas, concepts, know-how, documentation or techniques or other intellectual property rights that may exist in the Site or any photographs, graphics, texts, icons, buttons, data or information included in the Site (“Site Content”). All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You shall not remove or alter any copyright notice or any other proprietary notice on the Site or on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Gamer Digest or its licensors, clients, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms. No right, title or interest in or to the Site or any of the Site Content is transferred to you, and all rights not expressly granted herein are reserved by Gamer Digest. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate patent, copyright, trademark and other laws.
You are not eligible to use the Site if doing so would violate any applicable law or regulation, including but not limited to U.S. export controls or restrictions. If you are an individual, you must be over the age of 18 to register an account to use the Site. By registering an account or using the Site, you represent that you meet this minimum age requirement.
Certain features of the Site may allow you to contribute, make available, or otherwise publish through the Site any suggestions, information, ideas, comments, documents, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, messages, posts, tags or other similar materials and information for access, use, viewing, and commentary by other users to the Site (collectively, ”Comments”). You are under no obligation to submit anything to us through the Site. By contributing a Comment, you represent that you have the full legal right to provide the Comment. Therefore, if you choose to submit any Comments to the Site, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Comments for purposes of providing, using, improving or promoting the Site.
By posting or otherwise submitting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; or (d) contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related service.
For avoidance of doubt, Gamer Digest shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We reserve the right to withhold, remove and or discard any such materials at any time.
- Errors, Inaccuracies, and Omissions
Gamer Digest is not responsible if any Site Content is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site and to seek clarification to extent that any information is ambiguous or lacking clarity.
- Links To Third Party Websites
- Site Access
While Gamer Digest endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control. Gamer Digest has the right to terminate or suspend your access to all or part of the Site for any or no reason, including any violation or suspected violation of these Terms.
Gamer Digest, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Content, Comments, data, links, advertisements or other items contained within the Site. Gamer Digest reserves the right to immediately remove any Site Content or Comments for any reason, or for no reason. Gamer Digest cannot and does not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Contents or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Content or Comments and that you may not rely on such Site Content or Comments. THE SITE, THE SITE CONTENT, COMMENTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. GAMER DIGEST AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE COMMENTS, THE SITE CONTENT, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR SITE CONTENT WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR SITE CONTENT ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL COMMENTS, THE SITE, THE SITE CONTENT, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
You understand that the technical processing and transmission of any information sent to or from our Site may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including personal information such as your name or address. Gamer Digest reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Gamer Digest assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site; and (c) any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE RELATED TO (A) THE USE OF THE SITE, THE SITE CONTENT, COMMENTS, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH THE SITE; (B) THE SITE OR SITE CONTENT OR COMMENTS IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES; ALL THE FOREGOING REGARDLESS OF LEGAL THEORY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR THE RELATED PARTIES BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOREGOING, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT A COURT SHALL FIND THAT ANY OF THE ABOVE DISCLAIMERS ARE NOT ENFORCEABLE, THEN YOU AGREE THAT NEITHER WE NOR ANY RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION SHALL APPLY REGARDLESS OF THE BASIS OF YOUR CLAIM OR WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
You agree to indemnify Gamer Digest and its owners, directors, officers, employees, interns, agents, contractors, and licensors (“Gamer Digest Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Content, the Comments, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Gamer Digest), or any breach by you of these Terms and shall indemnify and hold Gamer Digest Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Gamer Digest. Gamer Digest or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Gamer Digest or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Gamer Digest, subject to the right of Gamer Digest to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
You and Gamer Digest agree that any disputes arising from or relating to these Terms or your use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, which cannot be resolved informally, shall be submitted to final and binding arbitration before one (1) arbitrator; provided, however, in the event that the dispute involves an allegation of liability in excess of $250,000 USD, three (3) arbitrators shall be used. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”) pursuant to its Commercial Arbitration Rules. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow and enforce these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Burlington County, New Jersey, unless Gamer Digest elects otherwise.
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey, without giving effect to its choice or conflict of law provisions or rules. The arbitrator will decide the substance of all claims in accordance with the laws of State of New Jersey. The arbitrator shall not be bound by rulings in prior arbitrations involving different Gamer Digest users, but is bound by rulings in prior arbitrations involving the same Gamer Digest user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You acknowledge and agree that you and Gamer Digest are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Gamer Digest otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
In the event this Section 13 is held unenforceable, then the entirety of this Section 13 will be deemed void. Except as provided in the preceding sentence, this Section 13 will survive termination of the Terms and your use of the Site.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
- Operation of the Site and United States Law
The Site is controlled and operated from within the United States. Without limiting anything else, Gamer Digest makes no representation that the Site, Site Content, Comments, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.
- Complaint Policy
If you believe that any content or posting on the Site violates your intellectual property or other rights, please notify Gamer Digest at the email address set forth above, providing a comprehensive, detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
You understand that Gamer Digest may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Gamer Digest will make a new copy of the Terms available on the Site. You agree that Gamer Digest is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.
You agree that any failure or delay by Gamer Digest to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Gamer Digest has the benefit of under any applicable law) will not be taken to be a formal waiver of Gamer Digest’s rights and that those rights or remedies will still be available to Gamer Digest. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
Last Updated: May 1, 2022
Copyright © 2022 Gamer Digest. All rights reserved.