Video Game Developer
Home of the last independent developer & publisher of Video Games. Publishing for PDA, Desktop & Laptop PC and other devices, The SoftWorks is a renegade band of gamers housed in the ruins of the once mighty American steel industry.
Video Game Tournaments
Whether it's a website for your own company, ad space on The GoG, or video game related tournaments/events, reviews, photos, and videos...Jet Set Studio can help you connect with your market in ways you'd never imagine. Let us know if you have any ideas, comments, or questions and we'll look forward to working with you to accomplish your visibility goals...
Jet Set Studio
This Web Site: GatheringOfGamers.com (hereinafter referred to as the "Web Site") is a web site for the video gaming community. The Web Site allows video gamers from all over the world to interact with old and new friends and share photos, videos, gamertags, video gaming stories, video game reviews, and video gaming techniques with the other members of the video gaming community.
Jet Set Studio is the current owner of this Web Site (hereinafter referred to as the "Owner" or "We").
This Agreement: This Terms and Conditions of Use Agreement (hereinafter the "Agreement") sets forth the legally binding terms and conditions by which you agree to be bound as a member of this Web Site or as one who otherwise visits, accesses, views, and/or uses the Web Site (members and all other visitors and users of the Web Site are hereinafter referred to collectively as "Users").
All Users of the Web Site are bound by this Agreement through their use of the Web Site. Further, by their use, Users signify that they have read, understand, and agree to be bound by the terms and conditions of this Agreement. If you disagree with any terms of this Agreement, you must exit the Web Site and no longer use it.
The Owner reserves the right, at our sole discretion, to add to, delete, revise, or otherwise modify this Agreement. If the modification is non-material, the modification in policy will take effect immediately. If the modification is a material change in policy, the modification in policy will take effect 30 days from when it is posted on the Web Site. While we will strive to send you e-mail notifications of any material modifications, we do not guarantee notification of every such modification. Accordingly, Users should regularly refer to this Agreement to fully know of and understand its terms. Your continued use of the Web Site after each modification constitutes an acceptance of the modifications. If you disagree with a modification of the terms of this Agreement, you must exit the Web Site and no longer use it.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT THOROUGHLY AND CAREFULLY AS SUCH TERMS AND CONDITIONS ARE IMPORTANT TO YOUR LAWFUL USE OF THIS WEB SITE AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL OBLIGATIONS, RIGHTS, AND REMEDIES, INCLUDING RESTRICTIONS ON REMEDIES IF A DISPUTE SHOULD ARISE FROM YOUR USE OF THIS WEB SITE.
Your Responsibilites Regarding Registration and Security: Under this Agreement and by using this Web Site, you agree to do all of the following: provide and update when necessary accurate, current, and complete information during the registration process; maintain the privacy and security of your password and identification; and be responsible for all use of your account and profile and for any actions that take place using your account.
Children Under the Age of 13: We do not knowingly solicit or allow membership into this Web Site to anyone under the age of 13. If you are under 13, do not attempt to register on this Web Site or otherwise send any information on this Web Site. Using this Web Site when under the age of 13 is a violation of this Agreement and constitutes unlawful, unauthorized use of this Web Site. By being a User of this Web Site, you represent and warrant that you are 13 or older. In the event that we discover that someone under the age of 13 is a User on this Web Site, we will remove that profile in a reasonably prompt manner and no longer allow access to that person. If you believe that a person under the age of 13 is a User of this Web Site, please contact us immediately at Contact@GatheringOfGamers.com.
Conduct of Users: Users agree that they will not engage in any conduct relating to the Web Site that infringes about the personal or property rights of any other Users or other third parties, including rights involving copyright, trademark, and other proprietary rights.
As used in this section and elsewhere in the Agreement, the phrase "User Content" shall mean any content, including, but not limited to, text, photos, videos, graphics, music, and other content, that is posted, published, displayed, uploaded, stored, or shared on the Web Site or otherwise transmited to or through the Web Site by a User.
All Users agree not to use this Web Site to:
- Solicit any other User related to commercial or sales purposes (including, but not limited to, contests, sweepstakes, and displaying advertisements on oneís own profile) unless expressly permitted by the Owner by prior, written permission. By its terms, this provision does not apply to any third party, including an advertiser, that has a pre-existing contract with the Owner relating to advertisements or the selling of products or services on the Web Site;
- Acquire information to be used outside of the Web Site to solicit people related to commercial or sales purposes;
- Send out "spam," "junk mail," "chain letters," or the like;
- Promote racism, bigotry, violence, or the like against any person or group of people;
- Harass, offend, abuse, harm, or threaten to harm any person or the property of any person (including through the use of viruses);
- Violate the privacy rights of any person;
- Exploit any person, including in a sexual manner;
- Interfere with or negatively affect any other Userís use or enjoyment of the Web Site;
- Solicit any person or personal information from any person who is under 13 years of age;
- Acquire or use personal information, including the password and username, of another User without his or her permission;
- Impersonate or improperly represent yourself as another person;
- Engage in actions that are unlawful or illegal or that otherwise promote unlawful or illegal activities, including, but not limited to, gambling, child pornography, stalking, harassment, the sale of drugs, copyright infringement, patent infringement, or theft;
- Damage, disrupt, interfere with, or otherwise negatively affect the operation, functionality, or performance of this Web Site (including through the use of viruses);
- Alter, modify, or otherwise change the Web Site other than in oneís own profile.
- Expose the Owner to any type of harm or liability;
- Post, publish, upload, store, display, or share on the Web Site or otherwise transmit to or through the Web Site User Content that:
- is offensive to, harms, or threatens to harm any person;
- is sexually offensive or inappropriate;
- is false, defamatory, and/or libelous;
- violates, threatens to violate, or otherwise infringes upon another personís personal, proprietary, property, or other rights, including rights related to copyright, trademark, privacy, and the First Amendment;
- contains material that is copyrighted, protected by trade secret or trademark law, or otherwise subject to anotherís proprietary rights, including privacy rights, unless that User is the owner of such rights or otherwise has permission to use such material on this Web Site.
Content Posted by Users: All Users are responsible for any User Content that they post, publish, display, upload, store, or share on the Web Site or otherwise transmit to or through the Web Site (such actions shall be collectively referred to as "posting/post/posted") and are responsible for any consequences stemming from the posting of the User Content. Users shall not post User Content that contains material that is copyrighted, protected by trade secret or trademark law, or otherwise subject to anotherís proprietary rights, including privacy rights, unless that User is the owner of such rights or otherwise has permission to use such material on this Web Site.
The Owner may, at its sole discretion, remove any User Content posted on this Web Site at any time for any or no reason, including, but not limited to, because the User Content is offensive to, harms, or threatens to harm any person; is sexually offensive or inappropriate; is false, defamatory, and/or libelous; or violates, threatens to violate, or otherwise infringes upon another personís personal, proprietary, property, or other rights, including rights related to copyright, trademark, privacy, and the First Amendment.
Users are ultimately responsible for their User Content, and if such content is destroyed or altered while posted on the Web Site, the User, not the Owner, is responsible for replacing the content.
Users can can easily access, modify, add to, or delete any of their User Content in their profile through the editing tools on the Web Site. Though, please note that deleted information may remain in backup copies or elsewhere on the Web Site for a short period of time, but will be no longer generally available to the other Users.
When User Content is posted to the Web Site, the User hereby grants the Owner a worldwide, non-exclusive, royalty-free, sublicensable, and transferrable license to use copy, distribute, and otherwise utilize such content.
Copyright Policy and Complaints: As stated above, this Web Siteís policy provides that users shall not post (as defined above) any User Content that contains material that is copyrighted, protected by trade secret or trademark law, or otherwise subject to anotherís proprietary rights, including privacy rights unless that User is the owner of such rights or otherwise has permission to use such material on this Web Site. The Owner will terminate the Membership or access of any User for repeated violation of this copyright policy or other similar violations of this Agreement upon proper notification to the Owner from the owner of the copyright or the ownerís agent.
If you believe that a User of the Web Site has violated or is violating your copyright rights due to that Userís illegal, unlawful, or otherwise improper conduct or User Content, you (the owner of the copyright) or your agent must provide the Ownerís Designated Agent with proper notice as set forth in this section and pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. ß 512(c)(3). In your notice, please provide all of the following:
- (i) You or your agentís physical or electronic signature;
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Please include information reasonably sufficient to permit the Owner to locate the material;
- (iv) Information reasonably sufficient to permit the Owner to contact you or your agent, including your name, address, telephone number, and, if available, an electronic mail address at which you or your agent may be contacted;
- (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the ownerís agent, or the law; and
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must submit your notification of alleged copyright infringement to our Designated Agent by fax or mail as set forth below:
Attorney and Designated Agent for Jet Set Studio
Davis Brown Law Firm
666 Walnut Street, Suite 2500
Des Moines, Iowa 50309
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on the Web Site constitutes copyright infirngment.
The Owner will advise the alleged infringer of the DMCA statutory counter notification procedure as described in the DMCA, at which time the alleged infringer may respond to your claim and ask that the content at issue be restored.
Upon receiving your notification of alleged copyright infringement, as set forth above, the Owner will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. Also, in accordance with the DMCA, the Owner has implemented a policy to terminate, when appropriate, the Membership and access to the Web Site of any repeat infringer. Though, the Owner may terminate the Membership or access of any User at any time for any or no reason.
Termination of Access by User: As set forth above, the Owner may terminate the Membership or access of any User at any time for any or no reason.
Owner's Copyright, Trademarks and Other Proprietary Rights: The Owner retains copyright and all other proprietary rights for all content and other materials created by the Owner on the Web Site, including programming code, text, graphics, designs, photos, video, and animations. Such content and materials shall not be copied or reproduced, in whole or in part, for any purpose by Users. While Users of this Web Site are given a limited license to access the Owner's Web Site content, such license or any right granted to User in this Agreement does not imply a transfer of copyright or other proprietary rights. Further, the Owner reserves the right to terminate and/or revoke this limited license granted to Users at any time for any or no reason.
The Owner also has or may have certain protected trademarks relating to this Web Site. The Owner's trademarks shall not be used, in any way, that is likely to cause confusion and may not be copied or used, in whole or in part, without the prior written permission of the Owner.
Web Site Modifications: The Owner reserves the right, in its sole discretion, to make any type of alternative, addition, deletion, or modification to the content and other aspect of the Web Site as the Owner sees fit.
Fees: The Owner reserves the right to start charging fees for certain services provided by the Web Site.
Disclaimers: All Users agree that your use of this Web Site is at your own risk. This Web Site, its services, its applications, and its content is provided "as-is" and as available, and the Owner expressly disclaims any warranty of merchantability and/or fitness for a particular purpose or non-infringement. To the fullest extent permitted by law, the Owner, its subsidiaries, affiliates, officers, agents, partners, and employees disclaim all warranties, express or implied, in connection with this Web Site, User Content, other content on the Web Site, and Users' use of this Web Site. The Owner makes no warranties, express or implied, and assumes no liability or responsibility for any of the following: the accuracy or completeness of the content of this Web Site; any error, omission, interruption, or defect in operation or transmission regarding this Web Site; any technical malfunction or other problems of any servers, computer systems, hardware or software, or any other similar problem, including problems that relate to or result in injury or damage to a User's computer, its applications, hardware, software, or any other equipment of the User; any unauthorized use or access to your secure servers, personal information, secured payment or password information on to this Web Site; any viruses or the like transmitted to or through the Web Site by any third party; and/or any injury or damage resulting from any User Content posted on or otherwise related to this Web Site. Further, the Owner does not warrant, guarantee, or assume responsibility for any product, service, or link offered by a third party through this Web Site.
Certain state laws do not allow certain disclaimers of warranties or liability. If these laws are applicable to you, some or all of the above disclaimers may not apply to you, and you may have additional rights.
Governing Law and Exclusive Jurisdiction and Venue: This Agreement shall be governed by the laws of the State of Iowa. All Users agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Iowa, City of Des Moines.
Limitation on Liability: In no event shall the Owner, its subsidiaries, affiliates, officers, agents, partners, and employees be liable to a User or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to lost profits, arising out of this Web Site; any content on this Website; or any User Content posted on the Web Site, even if the Owner is aware of the possibility of such damages. The Owner's liability to any User or third party is limited to the amount paid, if any, by you to the Owner for use of the Web Site. You acknowledge that if you pay no fees to the Owner, you shall only be entitled to injunctive relief as permitted by law and not entitled to any monetary damages.
Certain state laws do not allow certain limitations on liability. If these laws are applicable to you, some or all of the above limitations may not apply to you, and you may have additional rights.
Limitation on Dispute Resolution - Arbitration: All Users and the Owner agree to attempt to settle any dispute, claim or controversy arising out or relating to, directly or indirectly, this Web Site or this Agreement through consultation and good faith negotiation. However, after thirty (30) days of good faith negotiations, either the User(s) or Owner may demand, through written notice, that such dispute be submitted to a final and binding arbitration. If either the User(s) or Owner make such demand, then the exclusive method of relief and remedy for such dispute shall be final and binding arbitration, except that to the extent a person has violated, threatened to violate, or infringe upon the copyright, trademark, or other proprietary rights of another person, Users and the Owner agree that arbitration is not an adequate remedy and that injunctive or other equitable relief may be sought. Arbitration shall be before a mutually acceptable arbitrator in Des Moines, Iowa, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes. Further, no arbitration under this provision shall be joined with any other arbitration or claim, and no class arbitration proceedings shall be permitted. The judgment on the award rendered by the arbitrator shall be binding and may be entered in any court having competent jurisdiction thereof.
Indemnification: Users agree to indemnify, defend and hold harmless the Owner, its subsidiaries, affiliates, officers, agents, partners, and employees from any and all liability, loss, demand, and claim (including attorney's fees) arising out of or related to User Content and specifically agree to indemnify, defend and hold harmless the Owner from any and all liability arising from a User's unauthorized use on this Web Site of any other personís or entity's name, photograph, video, copyright material, trademark material or any other improper material that a User posts on the Web Site.
Users agree to indemnify, defend and hold harmless the Owner, its subsidiaries, affiliates, officers, agents, partners, and employees from any and all liability, loss, demand, and claim (including attorney's fees) made by any third party due to or arising out of any aspect of your use of the Web Site services, including use that violates this Agreement.
Disputes Between Users: You are solely responsible for disputes between and among Users. The Owner reserves the right to monitor interaction between and among Users, but has no obligation to do so.
Force Majeure: Neither party shall be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, including but limited to, acts of God, acts of civil or military authority, government regulations, embargoes, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, tornadoes, nuclear accidents, floods, strikes, power blackouts, other major environmental disturbances, unusually severe weather conditions, or inability to secure needed products or services from other entities or persons.
Transfer of Ownership and Inurement of Benefits: If the ownership of this Web Site changes, the Owner reserves the right to assign its rights under this Agreement to the new owner, and your use of this Web Site will remain subject to this Agreement.
This Agreement shall bind and inure to the benefit of each of the Owner's directors, agents, employees, affiliates, representatives, successors, subsidiaries, heirs and permitted assigns.
General or Miscellaneous Provisions:
- (a) Severability. In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected and shall continue to be valid and enforceable, and if, for any reason, a court finds that any provision of this Agreement is invalid, illegal or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable, then such provision shall be deemed to be written and construed and enforced as so limited.
- (b) Entire Agreement and Amendments. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and supersedes all negotiations, preliminary agreements and all prior and contemporaneous discussions and understandings of the parties in connection with the subject matter hereof. No amendment, waiver, change or modification of any of the terms, provisions or conditions of this Agreement shall be effective unless made in writing and signed or initialed by all parties or by their duly authorized agents.
- (c) Construction. It is the intention of the parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. It is agreed that the parties have participated in the preparation of this Agreement. It is further agreed that if any provision of this Agreement shall be found by any court of competent jurisdiction to be unclear and ambiguous, that the rule of contract construction that any such provision shall be construed against the party who prepared the instrument shall not apply.
- (d) Legal Counsel. All Users have an opportunity to seek legal counsel with respect to how the terms and conditions of this Agreement may affect them. By using the Web Site, each User acknowledges that he or she has sought independent legal counsel or otherwise been afforded the opportunity to do so and has voluntarily decided not to exercise such right.
- (e) Titles: Section titles in this Agreement are for convenience only and have no legal or contractual effect.
- (f) No Waiver. No failure by the Owner to insist upon the strict performance of any covenant, obligation, term or condition of this Agreement or to exercise any right or remedy hereunder shall constitute a waiver. No partial or complete waiver of any breach shall affect or alter this Agreement, but each and every covenant, obligation, term and condition of this Agreement shall continue in full force and effect with respect to any other existing or subsequent breach.
ALL USERS TO THE WEB SITE ARE BOUND BY THIS AGREEMENT THROUGH THEIR ACCESS AND USE OF THIS WEB SITE. FURTHER, BY THEIR USE, USERS SIGNIFY THAT THEY HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DISAGREE WITH ANY TERMS OF THIS AGREEMENT, YOU MUST EXIT THE WEBSITE AND NO LONGER USE IT.
If you have questions regarding this Agreement, please contact us at Contact@GatheringOfGamers.com.
Last Updated 08/10/07