The website http://www.thegameofnerds.com (hereinafter “Website”) and any content therein (defined below) is owned and operated by [The Game of Nerds], a California Sole Proprietorship (hereinafter “Company” “we” “us” “our”). Please read all Terms & Conditions before using our Website – by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them.
Use of Website
A. To access or use our Website, you must be 18 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using this Website, you represent that you are at least 18 years old, and that you agree to be bound by these terms and conditions. Any use of this website by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize use of this Website by anyone under 18.
B. Please note these Terms & Conditions may be subject to changes or updates at any time, and Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the Content that appears thereon.
Ownership of Content Posted
A. Company allows users to become Contributing Writers (“Writers”) and submit posts with content and images of their choosing. Prior to becoming a Writer, Writers agree they are responsible for any and all content they post, including obtaining any necessary permissions or licenses to post content, images, videos or other intellectual property belonging to a third party. While Company obtains a license from Writer to feature, include, and otherwise host content posted, Writer remains the copyright owner, and the sole party responsible should there be any alleged or actual copyright infringement posted on Website.
Digital Millennium Copyright Act (DMCA) Policy
A. Section 512 of the DMCA grants immunity from copyright liability to websites that passively host user content. To qualify for the DMCA Safe Harbor protection, certain requirements must be met. Writers agree they are solely responsible for selecting and uploading content to http://www.gameofnerds.com and that the content is transmitted to other users and readers of the Website without modification by Company. Company does not select the content posted to the website and uses an automatic technical process to carry out the transmission, routing, and provision of connections and storage. Company aggregates content from users in a non-selective way to meet Safe Harbor requirements.
B. Company takes intellectual property rights of others extremely seriously and does not tolerate Writers posting content that infringes the rights of another. Per the Digital Millennium Copyright Act (DMCA), Company will respond expeditiously to any claims that any content posted by Writers include copyright infringement. In order to ensure such claims are timely seen, claims must be submitted to Company’s Copyright Agent as described below.
C. Registered Copyright Agent. Company has designed an agent for service of copyright claims, which has been outlined below, and filed with the U.S. Copyright Office via an online filing. This individual has been designated the Copyright Agent within Company, and can be reached at the following address:
P.O BOX 1577
San Martin, California 95046
D. Notice and Takedown Procedure. Company abides by the federal DMCA, and takes notices of alleged infringement that comply with the DMCA and other applicable laws very seriously. Upon receipt of a DMCA-compliant notice of infringement, Company will promptly take down or block access to the allegedly infringing matter, and will contact the Writer in question so they may take further action in accordance with the DMCA.
a. To file a notice of infringing material on http://www.gameofnerds.com, please provide the following information to our Copyright Agent, sent to the address above:
i. Reasonably sufficient details for identification of the copyrighted work which is claimed to have been infringed;
ii. Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (e.g. a website linking to the page in question);
iii. Contact information for the copyright holder;
iv. A statement that the complainant believes in good faith that the use of the allegedly infringed material is not authorized by the copyright owner, its agent, or the law;
v. A statement that the above information is accurate and, under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright, or is the owner of one of the exclusive rights under copyright law that is allegedly infringed, and;
vi. A physical or electronic signature of the copyright holder or its agent.
E. Repeat Infringer Policy. If any Writer is accused of copyright infringement more than once, he or she will be promptly terminated as a Writer, the account will be terminated, and the Writer will not be able to apply for a writing position with Company again. Company maintains records of DMCA takedown notices to ensure compliance with this policy.
Intellectual Property Rights
A. While website is largely a compilation of Writer content not belonging to Company, Company does hold and maintain intellectual property rights in the name “Game of Nerds” as well as the design of Website, and any and all content written by Company excluding the blog section.
A. Should you choose to post anything on our Website, social media pages, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bullying, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
B. You may use our Website for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable, and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
A. The purpose of this Website is solely to provide a creative outlet for Writers, entertainment for readers, and general opinions and information to those wishing to view it. Any Content on this Website, or Content you receive because of your decision to opt-in to our email list has been created solely for entertainment and informational purposes. You understand and agree to this and acknowledge that your use of any information contained herein is purely voluntary.
B. You understand and agree that our Website and the Content produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have that may address your own individual situation.
C. Your decision to visit our Website and consume information contained herein is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you resulting from direct or indirect use or consumption of materials or content contained on our Website. You agree to hold Company harmless from any damages directly or indirectly resulting from your use of Content on our Website or distributed through email, and agree you will not make any claims against us or the company herein.
A. By using our Website, you understand and agree that Company makes no guarantees or warranties regarding the condition of Website, including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.
B. We will make every effort to make our Website available to you at all times; however, from time to time the Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Website. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Website, and you agree to simply check our Website at a later date to confirm when it has been relaunched.
C. We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Website or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.
Information You Provide
A. In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own.
A. You agree at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
B. We will attempt to monitor any comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. We will take immediate action to review and remove the infringing or offending post if necessary. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.
C. Should you choose to utilize information offered on our website, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.
Limitation of Liability
A. You understand and agree that the information offered via Website is general information meant for entertainment and written as opinion pieces from third parties. You understand that your decision to consume any information offered on our Website is purely voluntary. You agree and understand you will hold us harmless from any direct or indirect, perceived or actual damages or harm to your person or otherwise as a result of choosing to utilize information found on or purchased from our Website. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your mental or physical health, income, finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurring therefrom.
B. You understand and agree that Company is not to be held liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of content found on Website, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
C. You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars or otherwise. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
Release of Claims
A. You agree that under no circumstances will Company be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Website or any information or Content found therein, and you hereby release us from any and all claims whether known now or discovered in the future.
A. You agree and understand we have the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action.
A. These Terms and Conditions shall be governed by the laws of the state of California. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Arbitration and/or a suitable Alternative Dispute Resolution in Santa Clara, CA regardless of your location, and agree to be bound by the decision(s) of the selected Mediator. You also agree to participate in good faith in the mediation process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.
B. Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
Should you have any questions with respect to any of the foregoing, please contact us at email@example.com.