Last Updated: October 5, 2022

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “YOU” or “USER” or “YOUR”) ON ONE HAND, AND THE GLOBAL VIDEO GAME COALITION (the “GVGC”) ON THE OTHER HAND, WHICH APPLIES EACH TIME YOU USE OR ACCESS THE WEBSITE(S) PROVIDED BY OR ON BEHALF OF THE GVGC. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS PROVIDED THROUGH thegvgcstg.wpengine.com (“WEBSITE”). THE GVGC IS WILLING TO AUTHORIZE YOUR USE OF THE WEBSITE AND PROVIDE THE RELATED INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND ARE INSTRUCTED TO IMMEDIATELY EXIT THE WEBSITE.

Terms and Conditions

  1. LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Website conditioned on your continued compliance with this TOU. You may print and download materials and information from the Website solely for your personal use, provided that all copies contain all copyright and other applicable notices contained in such materials and information. The content, layout, formatting, features of, and access privileges for the Website shall be as determined by the GVGC in its sole discretion. You also acknowledge and agree to the following:  (i) the GVGC has the right to control and direct the means, manner, and method by which the Website is provided; (ii) the GVGC may from time to time engage independent contractors, consultants, or subcontractors to aid the GVGC in providing the Website or use thereof; and (iii) the GVGC has the right to provide the Website to others.
  2. RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels on, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Website or any content or materials made available on the Website. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material appearing on the Website without the prior express written permission of the GVGC and/or its licensor(s). Moreover, you may not:  (i) use any “deep link,” “page scrape,” “robot,” “spider,” “crawler,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website; (ii) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any GVGC server or to any of the services offered on or through the Website, by hacking or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website; (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the GVGC’s systems or networks or any systems or networks connected to the Website; (vi) use any device, software, or routine to interfere with the proper working of the Website, or with any other person’s use of the Website; (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the GVGC on or through the Website; (viii) use the Website to harvest or collect e-mail addresses or other contact information; (ix) distribute any unauthorized materials or advertise or promote goods or services through the Website without the GVGC’s permission (including, without limitation, by sending spam or any other similar solicitation); or (x) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact the GVGC.
  3. USER OBLIGATIONS. By downloading, accessing, or using the Website in order to view any information and materials, you represent that you are at least eighteen (18) years of age (or the legal age of majority in your jurisdiction (whichever is greater)). In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. You also acknowledge and agree that use of the Internet and access to the Website is solely at your own risk. While the GVGC has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to or from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, the GVGC is not responsible for the security of any information transmitted to or from the Website. You must make your own determination as to such issues.
  4. PRIVACY POLICY. By accessing and using the Website, you acknowledge that you have read and understood GVGC’s Privacy Policy located at http://thegvgc.org/privacy.
  5. MOBILE SERVICES. The Website may offer certain content or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of Mobile Services, and how much they will cost you. Nevertheless, all use of the Website and its Mobile Services must be in accordance with this TOU.
  6. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that the GVGC transfers no ownership or intellectual property interest or title in or to the Website to you or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by the GVGC and its affiliates, successors, and assigns or their respective licensors, and are protected by law, including, without limitation, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, the GVGC does not grant any other express or implied right to you or any other person in any intellectual or proprietary rights. Your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The GVGC also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. The Global Video Game Alliance, GVGC and all other names, designs, logos, and icons identifying the GVGC and any of its programs, events, solutions, and services, are proprietary trademarks of the GVGC or its affiliates, successors, or assigns or their respective licensors, and any use of such marks, including, without limitation, as domain names, without the express written permission of the GVGC is strictly prohibited. Other products, associations, organizations, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
  7. FEEDBACK AND SUBMISSIONS. The GVGC welcomes your feedback and suggestions about the GVGC’s programs or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to the GVGC, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to the GVGC and enable the GVGC to use such Feedback. In addition, any Feedback received through the Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive, worldwide right and license for the GVGC to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or in part), and act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
  8. LINKS TO OTHER WEBSITES. The GVGC, in its sole discretion, may provide links to other websites on the Internet for your convenience in locating or accessing related information, products, and services. These websites have not necessarily been reviewed by the GVGC and are maintained by third parties over which the GVGC exercises no control. Accordingly, the GVGC expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
  9. DISCLAIMER. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, THE GVGC MAY MAKE MODIFICATIONS AND/OR CHANGES TO THIS WEBSITE OR IN THE PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME AND FOR ANY REASON. THE GVGC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PROGRAMS, PRODUCTS, SERVICES, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. THE GVGC ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION, OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF VIRUSES, CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
  10. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GVGC AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “GVGC PARTIES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, ANY DELAY OR INABILITY TO USE THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, OR MATERIALS AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE GVGC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE TOTAL AGGREGATE LIABILITY OF THE GVGC PARTIES FOR ALL CLAIMS ARISING FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE GVGC IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (U.S.), WHICHEVER IS LESS.
  11. INDEMNIFICATION.  You agree to indemnify, defend, and hold harmless the GVGC Parties, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities related to or arising out of your use of the Website and any alleged violation by you of this TOU. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as we reasonably request.
  12. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia and without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of this TOU and/or the Website must be resolved by the U.S. District Court for the District of Columbia, unless agreed upon in writing by all parties. You access the Website voluntarily and you are responsible for compliance with all applicable laws with respect to your access and use of the Website.
  13. ENFORCING SECURITY ON THE WEBSITE. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. The GVGC reserves the right to view, monitor, and record activity on the Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. The GVGC will have the right to comply fully with any court orders or subpoenas involving requests for such information. In addition to the foregoing, the GVGC reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Website or any portion of the Website in order to protect the Website, the GVGC, or the GVGC’s business.
  14. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of the GVGC proprietary assets, will cause irreparable injury to the GVGC, that such injury would not be quantifiable in monetary damages, and that the GVGC would not have an adequate remedy at law. You therefore agree that the GVGC shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that the GVGC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to the GVGC to enforce any provision of this TOU.
  15. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you begin downloading, accessing, or using the Website, whichever is earliest. The GVGC reserves the right, at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOU, to deny your access to the Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by notifying us at the contact provided at the bottom of this TOU, but all applicable provisions of this TOU will survive termination as identified below and each re-access or use of the Website will reapply the TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Website in your possession. The provisions concerning the GVGC’s proprietary rights, feedback and submissions, disclaimers of warranty and liability, admissibility of this TOU, waiver and severability, entire agreement, governing law, and any other provisions that by their nature should survive, will survive the termination of this TOU for any reason.
  16. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by the GVGC of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of this TOU shall continue in effect.
  17. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and the GVGC as result of this TOU or your use of the Website. This TOU represents the entire agreement between you and the GVGC with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the GVGC with respect to the Website. You may not assign or transfer any rights under this TOU without the prior written consent of the GVGC. Please note that the GVGC reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, the GVGC may add, modify, or delete any aspect, program, or feature of the Website, but the GVGC is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Website following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.

If you need to contact the GVGC regarding this TOU, please contact us at [email protected]