Terms of Use
Welcome to the Terms of Use page ("Site Terms") for nycgameindustry.com. These Site Terms create an agreement applicable to your use of our services at the Site.
BY USING OR BY SIGNING UP TO USE OUR WEB SITE:
YOU SIGNIFY THAT YOU AGREE TO THESE TERMS AND CONDITIONS ("Site Terms");
YOU AGREE TO RECEIVE NOTICES REGARDING CHANGES TO TERMS FROM US ELECTRONICALLY.
If you do not agree to be bound by these Site Terms, you may not access or otherwise use the Site.
1. CHANGES TO THE TERMS OF USE.
nycgameindustry.com reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Site or these Site Terms, in whole or in part, at any time. Changes to these Site Terms will be effective when posted. You agree to review these Site Terms periodically to be aware of any changes. By continuing to use this Site after any changes, you agree to be bound by subsequent revisions to these Site Terms.
2. ABOUT THE SERVICE; REGISTRATION
In consideration of your use of our Site, you agree: (a) that any information you are prompted to provide us about yourself (such as during registration) shall be accurate, current and complete, and (b) that you will maintain and promptly update such information to keep it accurate, current and complete via your user profile. If you provide any information that is inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that that such information provided is inaccurate, not current or incomplete, we have the right to suspend or terminate your membership with our Site and refuse any and all current or future uses of our Site (or any portion thereof).
You are responsible for maintaining the confidentiality of your password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, ID stored anywhere on our Site), you must promptly change your password via your Profile page and notify us of the problem to avoid possible liability.
3. CHILDREN UNDER AGE 13
nycgamindustry.com does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. No one under age 13 may provide any personal information to or on nycgameindustry.com. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as soon as possible. If you believe that we might have any information from or about a child under 13, please contact us via our contact page.
4. ABILITY TO ACCEPT TERMS
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Site Terms, and to abide by and comply with these Site Terms. In any case, you affirm that you are 13 years of age or older, as nycgameindustry.com website is not intended for children under 13.
5. PRIVACY POLICY.
The nycgameindustry.com Privacy Policy explains the practices that apply to your information when you use our Services. Your ongoing use of the Services signifies your consent to the Privacy Policy. Please review our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the footer of our website.
6. LICENSES AND SITE ACCESS
Subject to these Site Terms, we grant you a limited license only to make personal use of the Site. You may not, without limitation: (a) make any resale of the Site or its original content; (b) make any derivative use of the Site or its contents; or (c) use any data mining, robots, or similar data gathering and extraction methods within the Site. Except as expressly stated in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of nycgameindustry.com or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part.
You may not use, frame or utilize framing techniques to enclose any nycgameindustry.com trademark, logo or other proprietary information (including original photographs and images found at the Site, posted to it's associated Flickr account, the content of any original text, audio/visual programming and/or the layout or design of any page of any of the Site) without nycgameindustry's express written consent. Further, you may not use any meta tags or any other "hidden text" embodying or containing the name, trademark, or product names of nycgameindustry.com without nycgameindustry.com's express written consent.
7. TRADEMARKS
All trademarks, service marks, logos, trade names, and any other proprietary designations of nycgameindustry.com (including but not limited to the "ST" directional pad logo) used herein are trademarks or registered trademarks of nycgameindustry.com and it's owners. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
8. CONTENT YOU POST TO PUBLIC AREAS.
Certain areas of our web site allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on our site that you created or that you have permission to post. You may not post Content that violates these site terms. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of our Services, you grant us, the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
9. LINKS TO THIRD PARTY SITES
Our Services include links to third party websites. These links are provided as a courtesy only, and the sites they are linked to are not under the control of nycgameindustry.com in any manner whatsoever. Therefore, nycgameindustry.com is in no way responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. nycgameindustry.com is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by nycgameindustry.com of the site and/or any of its content therein.
10. ACCEPTABLE CONDUCT
This Site includes interactive areas, including discussion forums and mailing lists. By using any forum or interactive area, you agree not to do any of the following:
Upload to, distribute or otherwise publish through the Site any text, message, data, photograph, image, graphic, information, audio/video file or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading, or otherwise objectionable as well as anything that offers, promotes or encourages betting or wagering prohibited by law;
Upload to, distribute or otherwise publish through the Site any Content that would convey expressions of bigotry, prejudice, racism, sexism, hatred or profanity;
Upload to, distribute or otherwise publish through the Site any Content that would constitute, assist or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload to, distribute or otherwise publish through the Site any Content that may infringe any trademark, trade secret, copyright or other intellectual or proprietary right of any party, or any Content that you do not have the lawful right to distribute and reproduce;
Upload to, distribute or otherwise publish through the Site any Content that may contain any viruses, Trojan horses, worms, time or logic bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information including attempts to gain unauthorized access to our services, user accounts, computer systems or networks;
Impersonate any person or entity, including, but not limited to, an employee of nycgameindustry.com, forum moderator, or falsely state or otherwise misrepresent your affiliation with any person or entity;
"Stalk" or otherwise harass another user or interfere with any other party's use and enjoyment of our Services;
Without nycgameindustry.coms' written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
We do not undertake responsibility or assume liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations or Content provided by our users in any public forum or interactive area (such as a discussion forum or mailing list) in our Site. This means that you, and not nycgameindustry.com, are
entirely responsible for all Content that you upload, post or otherwise transmit via our Site.
11. ENFORCEMENT
We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content as we see fit. We may investigate any reported violation of our policies or complaints and take any acceptable action that we deem appropriate. While we are not obligated to take any action and are not responsible for any failure or delay in removing such material, such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content.
We reserve the right and have absolute discretion to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
12. CHANGES
We reserve the right to discontinue or change any service or feature on the site at any time and without notice.
13. TERMINATION.
Your right to use our Services automatically terminates if you violate these Site Terms or any rules or guidelines posted in connection with our Services. We also reserve the right, in our sole discretion, to terminate your access to all or part of our Services, for any reason, with or without notice.
14. NO SPAM.
You may not transmit, directly or indirectly, any unsolicited bulk communications through our Services. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use our Services to violate the terms of this section. We may terminate immediately your access to our Services and take any other legal action if you, or anyone using your access to our Services, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
15. INDEMNIFICATION.
Upon a request by us, you agree to defend, indemnify, and hold harmless us (the owners) and our respective employees, contractors, and contributers from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. SEVERABILITY AND INTEGRATION.
This contract and any supplemental terms, policies, rules and guidelines posted on our Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Site Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
17. LIMITATION OF LIABILITY
NYCGAMEINDUSTRY.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, SERVICES OR CONTENT ON THE SITE, OR THE PERFORMANCE OF ANY MATERIALS YOU MAY OBTAIN OR THROUGHOUT THE SITE, EVEN IF NYCGAMEINDUSTRY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NYCGAMEINDUSTRY.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF ANY DATA. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
18. CONTACT US
nycgameindustry.com welcomes your questions, comments, and concerns about these Site Terms, including any violation of these Site Terms that you witness. Please contact us with any and all feedback pertaining to this, or any other issue via our contact form.
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