TERMS AND CONDITIONS
Welcome to Indie Game Lover!
These are the terms and conditions for:
- https://www.indiegamelover.com
- Indie Game Lover web application
By accessing the Indie Game Lover website, (hereby "Our Website”), you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website and platform. In these Terms, "we", "us", "our" and " Indie Game Lover" refers to Indie Game Lover and "you" and "your" refers to you, the user of our Website and platform.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
ACCEPTANCE OF TERMS
This Agreement sets forth legally binding terms for your use of Indie Game Lover. By using Indie Game Lover, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse Indie Game Lover website) or you are a “User” (which means that you have registered on Indie Game Lover as a user). If you do not accept the terms of this Agreement, you should leave Indie Game Lover websites and discontinue use of the platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Indie Game Lover. You agree to be bound by any modification to this Agreement when you use Indie Game Lover after any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Company may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the platform is revoked in such jurisdictions.
ELIGIBLITY
You may use the platform and services only if you can form a binding contract with Indie Game Lover, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
Indie Game Lover
Indie Game Lover provides its services through the website and its web application.
Indie Game Lover Provide the following services:
- Discover Indie games
- Gaming and creative/art news
Our products and services include our website (https://www.indiegamelover.com), our social media (Twitter, Facebook, Instagram, YouTube, Twitch, etc.,) and our Discord.
For more information about our services, please contact us, through our contact information, our support team will be attentive and available to answer your questions and concerns.
LICENSE TO USE THE PLATFORM
Indie Game Lover gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Indie Game Lover as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Indie Game Lover, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The User agrees not to use the platform and the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Indie Game Lover website or third parties.
ACCOUNT OPENING
To access and make use of the platform and services available on the Indie Game Lover website, you must first create an account with a username and password (the "account"). You may not share your password with anyone. You must always provide accurate current and complete information to Indie Game Lover. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the platform through your account will be deemed as being used by you. Indie Game Lover is entitled to rely on the contact and other information that is supplied to us through your account. Your account is non-transferable and non-assignable.
If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these terms, and that you agree to these terms on the entity’s behalf. By connecting to Indie Game Lover with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
If you register on Indie Game Lover website, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address and name.
The user will also have the possibility to register and log in through their social media accounts and through:
- Twitter OAUTH
- Mixer OAUTH
- Twitch OAUTH
- YouTube/Google OAUTH
You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Indie Game Lover of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Indie Game Lover. Indie Game Lover will not be liable for any loss or damage arising from your failure to comply with this Agreement.
ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on Indie Game Lover. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Indie Game Lover.
Indie Game Lover reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Indie Game Lover believes that you have breached any of these terms, furnished Indie Game Lover with false or misleading information, or interfered with use of the platform, website or the service by others.
THIRD-PARTY MATERIALS
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
RESALE OF SERVICES
Users may not resell any portion of the content or the functionality of the platform, to any other party without prior written permission from Indie Game Lover, which may be granted or withheld in Indie Game Lover sole discretion.
COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Indie Game Lover, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Indie Game Lover and protected by international copyright laws. All software used on this site is the property of Indie Game Lover or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
COPYRIGHT COMPLAINTS
Indie Game Lover respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Indie Game Lover website infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Indie Game Lover may find it on the Indie Game Lover Site. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
USER CONTENT
Certain features of the website may permit users to upload content, including social media posts and other content which may be comprised of messages, reviews, text, and other types of works (“User Content”) and to publish User Content on the website. You retain any Copyright that you may hold in the User Content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content.
Indie Game Lover it is not responsible for the content published by users on the platform and on our social networks or for third party copyright claims for games published on our platform by users. Indie Game Lover only provides the platform for the publication of this content. Users are solely responsible for the content uploaded to the platform.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Indie Game Lover or licensed to the Indie Game Lover by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Indie Game Lover;
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of the Services for any purpose without our express written permission;
- "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Indie Game Lover in connection with the services;
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
- Download any Content unless it’s expressly made available for download by Indie Game Lover.
DISCLAIMER OF WARRANTIES
Indie Game Lover will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet Indie Game Lover provides and maintains The Website on an "as is", "as available" basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our Website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use The Website in breach of these terms you will be liable to and will reimburse Indie Game Lover for any loss or damage caused as a result.
Indie Game Lover will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Indie Game Lover excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Indie Game Lover and Indie Game Lover shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on Indie Game Lover;
- Any interruptions to or delays in updating Indie Game Lover;
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Website or any product or service purchased through the website;
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from Indie Game Lover.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
Indie Game Lover AND THIRD PARTIES
Indie Game Lover contains Content of third-party licensors to Indie Game Lover, which is protected by copyright, trademark, patent, trade secret and other laws. Indie Game Lover owns and retains all rights, title and interest in the Content. Indie Game Lover hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through Indie Game Lover or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Indie Game Lover and using the Service.
Any dealings with third parties included within or on Indie Game Lover involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Indie Game Lover is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Indie Game Lover does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Indie Game Lover or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Indie Game Lover is provided to you for informational purposes only. Indie Game Lover encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Indie Game Lover works to ensure the information on Indie Game Lover is current and accurate.
NON-COMMERCIAL USE
The services and use of the platform may not be used in connection with any commercial purposes, except as specifically approved by Indie Game Lover. Unauthorized framing of or linking to any of Indie Game Lover is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.
SECURITY COMPONENTS
You understand that Indie Game Lover and software embodied within Indie Game Lover may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Indie Game Lover and/or content providers who provide content to Indie Game Lover platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Indie Game Lover.
ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Indie Game Lover for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
INDEMNIFICATION
You agree to defend and indemnify Indie Game Lover from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the Indie Game Lover website, platform and services.
- The purchase of subscriptions.
CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the Services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
Our Privacy Policy is written according to The General Data Protection Regulation (GDPR - European regulation), the California Online Privacy Protection Act (CalOPPA – U.S regulation).
ASSIGNMENT
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Indie Game Lover without restriction.
INTEGRATION CLAUSE
This Agreement together with the Privacy Policy and any other legal notices published by Indie Game Lover, shall constitute the entire agreement between you and Indie Game Lover concerning and governs your use of the platform and website.
DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Indie Game Lover website, will be settled by binding arbitration between you and Indie Game Lover, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Indie Game Lover are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Indie Game Lover otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
FINAL PROVISIONS
These Terms are governed by the law of USA. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
CONTACT INFORMATION
If you have questions about these terms or the services, please contact us at:
contact@indiegamelover.com
Terms and Services last updated: April 22, 2020
