Terms of Service
Introduction; Your Agreement to these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by GameAdvisor consisting of the website available at https://www.gameadvisor.com, and its network of websites, software applications, or any other products or services offered by GameAdvisor (the “GameAdvisor Services”). Other services offered by GameAdvisor may be subject to separate terms.
The Terms of Service apply whether you are a user that registers an account with the GameAdvisor Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the GameAdvisor Services, you are entering into a legally binding agreement between you and GameAdvisor regarding your use of the GameAdvisor Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the GameAdvisor Services.
When using or opening an account with GameAdvisor on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
Use of GameAdvisor by Minors and Blocked Persons
The GameAdvisor Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the GameAdvisor Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The GameAdvisor Services are also not available to any users previously removed from the GameAdvisor Services by GameAdvisor. Finally, the GameAdvisor Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE GAMEADVISOR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE GAMEADVISOR SERVICES.
a.Account and Password
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to GameAdvisor upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by GameAdvisor, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. GameAdvisor reserves all available legal rights and remedies to prevent unauthorized use of the GameAdvisor Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
b.Third Party Accounts
Use of Devices and Services
Access to the GameAdvisor Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the GameAdvisor Services.
Modification of these Terms of Service
GameAdvisor may amend any of the terms of these Terms of Service by posting the terms. Your continued use of the GameAdvisor Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
The GameAdvisor Services are owned and operated by GameAdvisor. Unless otherwise indicated, all content, information, and other materials on the GameAdvisor Services (excluding User Content, set out in Section 8 below), including, without limitation, GameAdvisor’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the GameAdvisor Services are the property of GameAdvisor or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by GameAdvisor, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the GameAdvisor Services for your personal use or internal business use only.
GameAdvisor reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the GameAdvisor Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the GameAdvisor Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the GameAdvisor Services, the Materials, or any information contained in them, except as expressly permitted on the GameAdvisor Services; or (f) any use of the GameAdvisor Services or the Materials except for their intended purposes. Any use of the GameAdvisor Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of GameAdvisor, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. GameAdvisor can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the GameAdvisor Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the GameAdvisor Services; or (c) we are unable to continue providing the GameAdvisor Services to you due to technical or legitimate business reasons.
GameAdvisor allows users to distribute pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, wiki contributions, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the GameAdvisor Services (“User Content”).
a.License to GameAdvisor
(i) Unless otherwise agreed to in a written agreement between you and GameAdvisor that was signed by an authorized representative of GameAdvisor, if you submit, transmit, display, perform, post or store User Content using the GameAdvisor Services, you grant GameAdvisor and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the GameAdvisor Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that GameAdvisor and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
(ii) With respect to User Content known as “add-ons”, “maps”, “mods”, or other types of projects submitted through CurseForge.com or related sites (“Submitted Projects”), the rights granted by you hereunder terminate once you remove or delete such Submitted Projects from the GameAdvisor Services. You also acknowledge that GameAdvisor may retain, but not display, distribute, or perform, server copies of Submitted Projects that have been removed or deleted.
(iii) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the GameAdvisor Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the GameAdvisor Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) GameAdvisor used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
b.User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of GameAdvisor or third parties. GameAdvisor reserves all rights and remedies against any users who breach these representations and warranties.
c.Content is Uploaded at Your Own Risk
GameAdvisor uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, GameAdvisor does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that GameAdvisor shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against GameAdvisor for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY GAMEADVISOR HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Users may promote, administer, or conduct a promotion (a contest or sweepstakes) on, through or utilizing the GameAdvisor Services (a “ Promotion ”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules: (i) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions. (ii) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. GameAdvisor has the right to remove your Promotion from the GameAdvisor Services if GameAdvisor reasonably believes that your Promotion does not comply with the Terms of Service or applicable law. (iii) GameAdvisor is not responsible for and does not endorse or support any such Promotions. You may not indicate that GameAdvisor is a sponsor or co-sponsor of the Promotion. (iv) You will display or read out the following when a Promotion is connection with your Promotion: “This is a promotion by [Your Name]. GameAdvisor does not sponsor or endorse [Your Name]’s promotion and is not responsible for this promotion”.
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising(https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf), the FTC’s .com Disclosures Guide(https://www.ftc.gov/system/files/documents/plain-language/bus41-dot-com-disclosures-information-about-online-advertising.pdf), the FTC’s Native Advertising Guidelines(https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses), and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the GameAdvisor Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the GameAdvisor Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not GameAdvisor, are solely responsible for any endorsements or testimonials you make regarding any product or service through the GameAdvisor Services.
YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the GameAdvisor Services.
You agree that you will comply with these Terms of Service and GameAdvisor’s Community Guidelines and will not:
GameAdvisor takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is GameAdvisor liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the GameAdvisor Services. Your use of the GameAdvisor Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the GameAdvisor Services will not contain any content that is prohibited by such rules.
GameAdvisor is not liable for any statements or representations included in User Content. GameAdvisor does not endorse any User Content, opinion, recommendation, or advice expressed therein, and GameAdvisor expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, GameAdvisor reserves the right to remove, screen or edit any User Content posted or stored on the GameAdvisor Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the GameAdvisor Services at your sole cost and expense. Any use of the GameAdvisor Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the GameAdvisor Services.
GameAdvisor respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.
GAMEADVISOR, the GameAdvisor logos, CURSE, the Curse logos, and any other product or service name, logo, or slogan used by GameAdvisor, and the look and feel of the GameAdvisor Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of GameAdvisor, and may not be used in whole or in part in connection with any product or service that is not GameAdvisor’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GameAdvisor, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that GameAdvisor may provide you from time to time.
All other trademarks referenced in the GameAdvisor Services are the property of their respective owners. Reference on the GameAdvisor Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
Third Party Content
In addition to the User Content, GameAdvisor may provide other third party content on the GameAdvisor Services (collectively the “Third-Party Content”). GameAdvisor does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the GameAdvisor Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the GameAdvisor Services (“Reference Sites”). GameAdvisor does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the GameAdvisor Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to GameAdvisor or its employees, you acknowledge and agree that GameAdvisor shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
To the fullest extent permitted by applicable law, GameAdvisor reserves the right, without notice and in our sole discretion, to terminate your license to use the GameAdvisor Services (including to post User Content), and to block or prevent your future access to and use of the GameAdvisor Services, including where we reasonably consider that: (a) your use of the GameAdvisor Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the GameAdvisor Services; or (c) we are unable to continue providing the GameAdvisor Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions, GameAdvisor Prime or Turbo accounts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the GameAdvisor Services, (ii) any term of these Terms of Service, (iii) any policy or practice of GameAdvisor in operating the GameAdvisor Services, or (iv) any content or information transmitted through the GameAdvisor Services, is to terminate your account and to discontinue use of any and all parts of the GameAdvisor Services.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-16.