These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Gameopedia AS and/or Gameopedia Data Solutions Pvt. Ltd. (“Gameopedia”, “we,” “us” or “our”), concerning your access to and use of the Gameopedia (https://gameopedia.com) website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue its use immediately. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We would be alerting you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.This Agreement (defined below) is written in English (US). To the extent any translated version conflicts with the English version, the English version controls.
It is your responsibility to periodically review these Terms and Conditions to stay informed of recent updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
Subject to your complete and ongoing compliance with this Agreement and our Policies, we grant to you, for the duration of your access and use, a worldwide, limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable right and license to access and use the Content (as defined in Section 7) in accordance with our Data Usage Policy.
Registration & Authority
As a condition to your access to and use of certain features of the Site, you will be required to register for a Gameopedia account. By registering, you hereby certify to us that: (i) you are at least 18 years of age; and (ii) if you are agreeing to this Agreement on behalf of an organization (in which case, “you” as used herein shall refer to you and your organization collectively), that you are duly authorized to bind such organization. For the avoidance of doubt, an “organization” includes a corporation, partnership, LLC, or other entity.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site. You shall be responsible and liable for maintaining the confidentiality of your Gameopedia User ID and password. You are not allowed to share your Gameopedia User ID and/or password for any reason and are fully and solely responsible and liable for all activities that occur under your account. You agree to notify us immediately by emailing us at firstname.lastname@example.org upon learning of any unauthorized access to or use of your account or any other breach of security. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate suspension or termination of your account. In addition, we reserve the right to refuse, suspend, or terminate your registration (or cancel a Gameopedia User ID) for any reason and at our sole discretion.
For access to and use of the Site, you agree that you will not, directly or indirectly, permit or cause any other person or entity to:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court (including those relating to data privacy or security);
- attempt to gain unauthorized access to any part of the Site or any Gameopedia computer systems or networks;
- infringe or misappropriate the rights of any person or entity, including their intellectual property, privacy, publicity or other proprietary or contractual rights;
- interfere with, damage, violate the security or integrity of, or place an unreasonably heavy load on any part of the Site, our infrastructure or systems, or any network, computer, or communications system, software application, or network or computing device, including through the use of viruses, bots, Trojan horses, harmful code, ping floods, denial-of-service attacks, packet or IP spoofing, forged routing or email address information, circumvention or modification of any access keys or other security mechanism employed by us or our Site, or similar methods or technology;
- use scripts, bots, spiders, or other automated mechanisms to collect information or otherwise interact with the Site without our express prior written permission;
- claim that we are endorsing or supporting your business, product or service without our prior written approval;
- use the Site as part of any machine learning or similar algorithmic activity;
- use or interact with the Site in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or in a manner that would damage, disparage, or negatively affect us or our licensors, licensees, or partners;
- copy, reproduce, rent, lease, sell, transfer, assign, sublicense, modify, publish, distribute, display, prepare derivative works of, reverse engineer, disassemble, or decompile any portion of the Site or Content, including any corresponding source code, without prior written consent from us or the respective owner of said material, except as expressly provided in our Data Usage Policy and with respect to information or content that you provide to us (and that may be accessible through the Site); or restrict or inhibit any user from using our Site as expressly allowed by us.
Your Licenses to Us
If you choose to provide input, suggestions, ideas, reviews, recommendations, corrections, comments, or other feedback regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant to us an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.
You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable (through multiple tiers) and freely transferable right and license to use your organization’s name, organization’s logos and related images, and any written comments you provide to us or otherwise make publicly available concerning your organization’s use of our services in our communications materials (e.g., on our Sites, third-party websites, press releases, and presentations) for promotional purposes.
Intellectual Property Rights
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the European Union, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Please see our Copyright Infringement Policy for more information regarding the reporting of such unauthorized use.
You agree to indemnify, defend, and hold harmless us, and our directors, officers, employees and contractors to the fullest extent of applicable law from and against any claim, action, demand, loss, liability, damage, cost or expense (including legal fees) arising from or relating to: (i) your breach of this Agreement; (ii) your unauthorized use of, or misuse of, the Site or Content; (iii) any content you have submitted to or through the Site; or (iv) any dispute you have or may have with any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Linking Social Media Accounts
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE: That your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that becomes associated with your account.
“Confidential Information” means the information that we designate as confidential at the time of disclosure or that should reasonably be understood to be our confidential information, including all of our business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no act or omission by you or breach by you of this Agreement; (ii) at the time of disclosure by us, was lawfully received by you from a third party without breach of any obligation owed to us or the source of such information; or (iii) was or is independently developed by you without the use of or reference to the Confidential Information. Confidential Information disclosed prior to your acceptance of this Agreement will be subject to this Section 12.
You will: (a) protect all Confidential Information as confidential with at least the same degree of care that you use to protect your own similar confidential information, but not less than a reasonable standard of care; (b) not use or disclose any Confidential Information for any purpose except to exercise your rights and/or fulfill your obligations under this Agreement; and (c) not disclose any Confidential Information to any person or entity other than your employees and/or contractors whose access is strictly necessary for purposes consistent with this Agreement and who are bound by obligations of confidentiality no less stringent than those set forth herein.
You may disclose Confidential Information to comply with applicable law, provided that you give us prior notice of the compelled disclosure or legal proceeding (to the extent permitted by law) and reasonable assistance to and cooperation with us, at our cost, if we desire to contest the disclosure. You and we agree that money damages are an inadequate remedy for breach of the obligations in this Section 12 and that any such breach would result in irreparable harm to us. Therefore, in the event of any such actual or threatened breach, we will be entitled, in addition to any other rights or remedies available to us at law or equity, to seek specific performance or injunctive relief without the posting of a bond.
Disclaimers; No Warranties
The Site may provide links or access to third-party websites, content, products and/or services (“Third-Party Materials”), which may be governed by one or more third parties’ terms or conditions. We are not responsible or liable for such Third-Party Materials; you bear all risks associated with the access to and/or use of such Third- Party Materials.
The content, confidential information, and all advice or information provided by us or obtained by you from the site (including all third-party materials and all user submissions) are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we expressly disclaim any and all warranties of any kind, whether express, implied, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, whether arising by a course of dealing, usage, or trade practice or course of performance, and including any warranty regarding the availability of the services, that your access to or use of the services will be uninterrupted or error-free, or that any content, confidential information, or any advice or information provided by us or obtained by you from the services is complete, accurate, or up-to-date. You agree that you are not relying on our delivery of any future functionality, or any of our oral or written public comments or advertising in your use of the services.
You further agree that we have no liability with respect to any applications you publish or distribute, user submissions, and feedback.
For the avoidance of doubt, we are not registered in any investment advisory capacity in any jurisdiction globally and do not offer any legal, financial, investment or business advice. Nothing contained in this agreement, or any of our products, services, or other offerings, or any information provided by us to you or obtained by you from us or through the site should be construed as an offer, recommendation, or solicitation to buy or sell any security or investment, or to make any investment decisions. Any reference to past or potential performance is not, and should not be construed as, a recommendation or as a guarantee of any specific outcome. You should always consult your professional, legal, financial, investment, and business advisors.
The disclaimers in this section 13 apply to the fullest extent permitted by law.
Limitations of Liability
To the fullest extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, revenue, data or use, or any other intangible loss) incurred by you or any third party arising out of or relating to your access to or use of the services, any content, any user submissions, or any third-party materials, whether based on contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage. In no event shall our cumulative liability to you for all claims arising out of or relating to this agreement, our policies, and/or the access to or use of (or any inability to access or use) any feature of the site, whether in contract, tort, or otherwise, exceed the greater of the amount paid by you to us for your access to or use of the site or $250.
Termination of the Agreement
This Agreement is effective beginning the earliest of when you first click “I accept” or “I agree” (or words to similar effect), register for a Gameopedia account, or use (including install, access, or browse) any of our services, and shall continue until terminated as expressly permitted in this Agreement. We may, in our sole discretion, terminate all or part of this Agreement for any reason or no reason, with or without notice, and with no liability arising from such termination to you or any third party. Upon termination of this Agreement: (i) your rights, and authorizations granted to you, to access and use the Site, Content, and Confidential Information will terminate and you must immediately cease all access to and use of your Gameopedia accounts and the Site, Content, and Confidential Information; (ii) you must pay us any unpaid amount that was due prior to termination; and (iii) all payment obligations accrued prior to termination, your certifications in Section 3 (Registration and Authority), and Sections 5 (Restrictions), 6 (Your Licenses to Us), 7 (Intellectual Property Rights), 12 (Confidentiality), 10 (Indemnity), 11 (Linking Social Media Accounts), 14 (Limitations of Liability), 15 (Termination of the Agreement), 16 (Governing Law and Arbitration), and 17 (Miscellaneous) of these General Terms will survive any expiration or termination of this Agreement.
Governing Law and Arbitration
This Agreement and all matters arising out of or relating to it shall be construed and enforced exclusively in accordance with California law without regard to choice of law provisions. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and shall take place in San Francisco, California. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain in perpetuity the confidential nature of the arbitration proceeding (including the hearing) and award unless otherwise required by law or judicial decision. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
We shall not be liable for any delay in performance or failure to perform any of our obligations hereunder where such delay or failure results from any cause beyond our reasonable control, including a strike, blockade, war, act of terrorism, riot, natural disaster, pandemic, epidemic, viral outbreak or disease, or a failure or diminishment of power or telecommunications or data networks or services.
You may not assign, transfer, or sublicense this Agreement in whole or in part except with our prior written consent. We may assign, transfer, or delegate this Agreement and any of our rights and/or obligations under this Agreement without your consent.
This Agreement and applicable terms from our policies are the entire statements of the terms that govern your access to and use of the Site. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect, and enforceable. For purposes of this Agreement: (i) the words “include”, “includes”, and “including” will be deemed to be followed by the words “without limitation”; (ii) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any” and “either” are not exclusive; and (iii) the words “herein” and “hereunder” refer to this Agreement as a whole.
Modifications to the Agreement
We may make changes to this Agreement on a going-forward basis at any time in our sole discretion. You acknowledge and agree that your access to and use of the Site after we publicly post or otherwise make available to you a modified version of this Agreement will constitute your acceptance of the modified Agreement. Except as expressly provided in this Section 17(d), this Agreement may be amended only by a written agreement signed by an authorized representative of each party to this Agreement. Disputes arising under or relating to this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
We reserve the right to charge fees for any part of the Services at any time but will provide advance notice to you of any applicable fees and payment terms prior to any such fees coming into effect.
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the European Union applicable to agreements made and to be entirely performed within the European Union, without regard to its conflict of law principles.