TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE
TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF
07/13/2017.
ACCEPTANCE OF TERMS
The following Terms of Service
Agreement (the "TOS") is a legally binding agreement that shall govern the relationship
with our users and others which may interact or interface with Rambling Indie Games, LLC,
also known as Rambling Indie Games, LLC, located at
1717 W Kirby Ave #214,
Champaign, Alabama 61821 and our subsidiaries and affiliates, in association
with the use of the Rambling Indie Games, LLC website,
which includes http://ramblingindie.games, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website
which has the following description:
Rambling Indie Games provides information, and products related to video game development, descriptions and media from products created in-house, as well as information, and comments from it's staff and business partners.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the
purpose of this TOS.
The
user acknowledges and agrees that the Services
provided and made available through our website and applications, which may
include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms
and downloadable programs, are the sole property of Rambling Indie Games, LLC. At its discretion, Rambling Indie Games, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services,
and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified
or revised Services unless otherwise stipulated. Rambling Indie Games, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You,
as the end user acknowledge, accept and agree that Rambling Indie Games, LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our
Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes,
and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent
review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware
of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you
must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided
"AS IS" and as such Rambling Indie Games, LLC shall not
assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user
content, communication or personalization settings.
PRIVACY POLICY
Every member's registration data and
various other personal information are strictly protected by the Rambling Indie Games, LLC Online Privacy Policy (see the full Privacy Policy at http://ramblingindie.games/privacy.html). As a member, you herein
consent to the collection and use of the information provided, including the transfer of information within the United
States and/or other countries for storage, processing or use by Rambling Indie Games, LLC and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT
COMPLIANCE
Due to
the global nature of the internet, through the use of our network you hereby
agree to comply with all local rules relating to online conduct and that which
is considered acceptable Content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions
control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
). Furthermore, you state and pledge that you:
a)
are
not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm
) nor a member of any other government which may be part of an export-prohibited country identified in applicable export
and import laws and regulations;
b)
agree
not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c)
agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
d)
agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Rambling Indie Games, LLC shall not lay claim to ownership of any content submitted by any visitor or user, nor
make such content available for inclusion on our website Services. Therefore,
you hereby grant and allow for Rambling Indie Games, LLC the below
listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a)
The
content submitted or made available for inclusion on the publicly accessible
areas of Rambling Indie Games, LLC's sites, the license provided
to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as you are a member of Rambling Indie Games, LLC's
sites, and shall terminate at such time when you elect to discontinue your membership.
b)
Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Rambling Indie Games, LLC's sites,
the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services are for the sole purpose of providing and promoting the specific area in which
this content was placed and/or made available for viewing. This license shall be available so long as you are a member
of Rambling Indie Games, LLC's sites and shall terminate
at such time when you elect to discontinue your membership.
c)
For
any other content submitted or made available for inclusion on the publicly
accessible areas of Rambling Indie Games, LLC's sites, the continuous,
binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation
of any such Content into other works in any arrangement or medium current used or later developed.
Those
areas which may be deemed "publicly accessible" areas of Rambling Indie Games, LLC's
sites are those such areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY
WEBSITE
Rambling Indie Games, LLC provides an area for our users to contribute feedback to our website. When
you submit ideas, documents, suggestions and/or proposals ("Contributions") to
our site, you acknowledge and agree that:
a)
your contributions
do not contain any type of confidential or proprietary information;
b)
Rambling Indie Games, LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to
any Contributions;
c)
Rambling Indie Games, LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d)
the
contributor's Contributions shall automatically become the sole property of Rambling Indie Games, LLC;
and
e)
Rambling Indie Games, LLC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All
users herein agree to insure and
hold Rambling Indie Games, LLC, our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any
third party which may arise from any content a user of our
site may submit, post, modify, transmit or otherwise make available through our
Services, the use of Rambling Indie Games, LLC Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any
such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein
agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for
any commercial reason any part, use of, or access to Rambling Indie Games, LLC's
sites.
MODIFICATIONS
Rambling Indie Games, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently,
our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or
to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any
part thereof.
ADVERTISERS
Any
correspondence or business dealings with, or the participation in any
promotions of, advertisers located on or through our Services, which may
include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with
such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that Rambling Indie Games, LLC shall
not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any
such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either
Rambling Indie Games, LLC or any third parties may provide links
to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability
of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third party sites or resources. Furthermore,
you acknowledge and agree that Rambling Indie Games, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused
or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services
made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do
hereby acknowledge and agree that Rambling Indie Games, LLC's
Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary
and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore,
you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented
by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary
rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by
Rambling Indie Games, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on
Rambling Indie Games, LLC Services (e.g. Content or Software), in whole or part.
Rambling Indie Games, LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object
code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate,
alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate
or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such
right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or
form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose
of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by Rambling Indie Games, LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a)
THE
USE OF RAMBLING INDIE GAMES, LLC SERVICES AND SOFTWARE ARE
AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS.
RAMBLING INDIE GAMES, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)
RAMBLING INDIE GAMES, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) RAMBLING INDIE GAMES, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) RAMBLING INDIE GAMES, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE RAMBLING INDIE GAMES, LLC SERVICES
OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL
WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c)
ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF RAMBLING INDIE GAMES, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE
FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION
OR MATERIAL.
d)
NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM RAMBLING INDIE GAMES, LLC OR BY WAY OF
OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e)
A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY
ACKNOWLEDGE, UNDERSTAND AND AGREE THAT RAMBLING INDIE GAMES, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR
ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE
MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a)
THE
USE OR INABILITY TO USE OUR SERVICE;
b)
THE
COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c)
UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d)
STATEMENTS
OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e)
AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the
event you have a dispute, you agree to release Rambling Indie Games, LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED
TO FINANCIAL MATTERS
Should
you intend to create or to join any service, receive or request any such news,
messages, alerts or other information from our Services concerning companies,
stock quotes, investments or securities, please review the above Sections Warranty
Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is
appropriate. Rambling Indie Games, LLC's content is provided primarily
for informational purposes, and no content that shall be provided or included in our Services is intended for trading
or investing purposes. Rambling Indie Games, LLC and our
licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted
and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE
ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY
DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You
herein acknowledge, understand and agree, unless otherwise expressly provided
in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Rambling Indie Games, LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to
email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently
known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of
the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been delivered had you accessed our Services
in an authorized manner.
TRADEMARK INFORMATION
You
herein acknowledge, understand and agree that all of the Rambling Indie Games, LLC trademarks, copyright, trade name, service marks, and other Rambling Indie Games, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the
property of Rambling Indie Games, LLC. You herein agree
not to display and/or use in any manner the Rambling Indie Games, LLC logo or marks without obtaining Rambling Indie Games, LLC's
prior written consent.
COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Rambling Indie Games, LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards
to appropriate circumstances and at its sole discretion, Rambling Indie Games, LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If
you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe
your intellectual property rights have been otherwise violated, you should provide to us the following information:
a)
The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
b)
A description
of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c)
A
description of the location of the site which you allege has been infringing
upon your work;
d)
Your physical
address, telephone number, and email address;
e)
A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
f)
And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner's behalf.
The Rambling Indie Games, LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing
Address:
Rambling Indie Games, LLC
Attn:
Copyright Agent
1717 W Kirby Ave #214
Champaign,
Alabama 61821
Telephone:
(281) 769-2776
Email:
contact@ramblingindie.games
CLOSED CAPTIONING
BE IT
KNOWN, that Rambling Indie Games, LLC complies with all applicable
Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more
information, please visit our website at http://ramblingindie.games.
GENERAL INFORMATION
ENTIRE AGREEMENT
This
TOS constitutes the entire agreement between you and Rambling Indie Games, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect
to Rambling Indie Games, LLC Services. You may also be subject
to additional terms and conditions that may apply when you use or purchase certain other Rambling Indie Games, LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is
at the mutual agreement of both you and Rambling Indie Games, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of
Alabama without regard to its conflict of law provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Rambling Indie Games, LLC,
shall be filed within the courts having jurisdiction within the County of Macon,
Alabama or the U.S. District Court located in said state. You
and Rambling Indie Games, LLC agree to submit to the jurisdiction
of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction
over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any
time, should Rambling Indie Games, LLC fail to exercise or enforce
any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision
of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You
acknowledge, understand and agree that regardless of any statute or law to the
contrary, any claim or action arising out of or related to the use of our Services
or the TOS must be filed within 10 year(s) after said claim or
cause of action arose or shall be forever barred.
VIOLATIONS
Please
report any and all violations of this TOS to Rambling Indie Games, LLC as follows:
Mailing
Address:
Rambling Indie Games, LLC
1717 W Kirby Ave #214
Champaign,
Alabama 61821
Telephone:
(281) 769-2776
Email:
contact@ramblingindie.games