Thank you for coming to www.gamesforchange.org/studentchallenge (“Site”) for the Games for Change Student Challenge (the “Challenge”). Please read these Student Challenge Terms of Use (collectively with Games for Change, Inc.’s Student Challenge Privacy Policy at www.gamesforchange.org/studentchallenge/terms), the “Terms of Use” or “Agreement”) fully and carefully before using the Site and the services, programs, features, content or applications offered by Games for Change, Inc. (“G4C,” “we,” “us” or “our”) together with the Site, the “Services”). These Terms of Use set forth the legally binding terms and conditions for your use of the Site and the Services.
Acceptance of Terms of Use
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Eligibility
You represent and warrant that you are at least 13 years of age to apply or make any submission to the Challenge. If you are under age 18, you may not, under any circumstances or for any reason, make any submission to the Challenge using the Services without the consent of a parent or other legal guardian. If you are under age 13 and wish to make a submission to the Challenge, your consenting legal parent or guardian who is over age 18 must to make the submission on your behalf. Any such parent or guardian shall be bound by the terms of this Agreement and shall be fully responsible for any such submission, for your use of the Services and your participation in the Challenge. Any reference in this Agreement to “you” or “your” shall be deemed to refer to any such parent or guardian.We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Use of Content
Use of Content
Except as specifically stated on the Site or through the Services, and subject to these Terms of Use, we hereby grant you and each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, access and view (i.e., to download and display locally) Content only for your and each user’s personal, noncommercial use solely for purposes of enabling you and each user to use the Services, provided that you do not remove or alter any copyright or other legal notices from any Content. You may not (except where we have given you express written permission to do so or you are otherwise permitted to do so by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell or make other use of any of Content. Any use of Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Consideration
You acknowledge and agree that your access to and use of the Site, Content and the Services are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement and that such consideration, along with the mutual promises contained herein, constitutes sufficient and adequate consideration for this Agreement.
User Submissions
All submissions to the Challenge, including our acceptance and use of such submissions, is governed by the rules, which you may review at www.gamesforchange.org/studentchallenge (the “Challenge Rules”). Other than your entry into the Challenge, or as otherwise communicated to you by us in writing, we do not ask for nor do we wish to receive any personal, confidential, secret or proprietary information or other material from you through the Site or Services, by email or in any other way. If you post, upload, transmit, submit or otherwise make available any User Content to G4C, you grant to G4C (and its successors and assigns) a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully transferable, assignable and sublicensable and worldwide license to reproduce, modify, adapt, edit, truncate, aggregate, publish, perform, display, distribute, create derivative works from, use and otherwise exploit such User Content for any non-commercial or educational purpose and for the limited purpose of promoting and marketing the Challenge and G4C, including by displaying User Content included in submissions to the Challenge at the Challenge live event and on the Site for one (1) year following the Challenge live event.. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access, view and use your User Content through the Site and/or the Services, solely for personal, non-commercial purposes. For clarity, the license grants to us and our users in these Terms of Use do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that your User Content is original to you, that no other party has any rights to your User Content (or that you have sufficient rights to provide your User Content in accordance with this Agreement), any “moral rights” in your User Content have been waived and you have all rights to grant the foregoing licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content (including your User Content) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Content (including your User Content) from the Services.
User Information
You should not provide any personally identifiable information to us, whether with your submission to the Challenge or otherwise through the use of the Site (or any Services provided through the Site), except as set forth herein or the Student Challenge Privacy Policy, or unless we otherwise mutually agree in writing (and if you are under 18, even then only with the prior written consent of your parent or legal guardian). We will only request personally identifiable information from you in connection with the Challenge or your use of the Site as specified in the Submission Form or if you are chosen as a winner in accordance with the Challenge Rules, and then we will only use that information for the limited purposes set forth in the Submission Form or the applicable written consent and release form. We will only use any such personally identifiable information for non-commercial and educational purposes. We will not use any such information for any commercial purpose. With respect to any information that you submit (or your parent or legal guardian submits) as part of or in connection with a submission to the Challenge, or otherwise through the Services related solely to the Site or Challenge, our information collection and use policies are set forth in the Challenge Rules and our Student Challenge Privacy Policy, which is located at www.gamesforchange.org/studentchallenge/terms and incorporated by reference into these Terms of Use. In any case, you acknowledge and agree that you are solely responsible for the accuracy and content of any information that you provide in connection with the Site or Services, and you agree to keep it up to date.
Please note that if you use any Services that are not solely related to the Site or participation in the Challenge, such use is governed by the separate terms and conditions applicable to such other Services, including the applicable privacy policy governing collection and use of any personalized information that you may provide in connection therewith, and is not governed by this Agreement or the Student Challenge Privacy Policy.
Prohibited User Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Services and participating in the Challenge.
Links from This Site to Third Party Sites
As a convenience for users, the Services may permit you to link to link to other websites, services or resources on the.Internet, and other websites, services or resources may contain links to the Services.G4C does not operate or control in any respect, or necessarily endorse, the information, content, products, services, advertising or other materials that may be found on such third party sites or resources. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.Your use of third party sites and resources is subject to their policies, terms of use and privacy policy and not ours. You assume sole responsibility for your use of such third party sites and resources, When you access sites or resources of third parties on the Internet, or rely on the contents of such a third party sites or resources, it is at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Links to This Site from Third Party Sites
You agree that if you include a link from any other web site to this Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on this Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Site in any manner such that this Site, or any page of this Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We may require that any link to this Site be discontinued, and to revoke your right to link to this Site from any other web site at any time upon written notice to you.
General Disclaimer and Limitation of Liability
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.
G4C controls and operates the Site and Services from offices in the United States of America. We make no representation that the Site, Services or Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, Services or Content, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.
This Site and Services provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. G4C specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at the Site or through the Services.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, timeliness, completeness or legality of material or Content contained in or accessed through the Site or Services. We have tried to ensure that all the Site Content provided on the Site is correct at the time of publication. However, no responsibility is accepted by or on behalf of G4C for any errors, omissions or inaccurate Site Content on the Site.
THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. G4C AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION ,THE SERVICES WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, INACCURACIES, ERRORS OR DEFECTS, ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICES AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
UNDER NO CIRCUMSTANCES WILL G4C OR THE G4C PARTIES, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SERVICES or (B) $500.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Termination
G4C may terminate, change, suspend or discontinue all or any aspect of, or your access to, the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services, including without limitation if we reasonably believe or suspect you have acted inappropriately on the Site or with respect to the Services or you are in breach of these Terms of Use or applicable law. You may terminate this Agreement by discontinuing your use of and access to the Services. This Agreement is effective until terminated by G4C for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the Site Services and to immediately destroy all materials obtained therefrom, including Content (other than your User Content) .. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Miscellaneous
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site, including our Privacy Policy and the Challenge Rules provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall prevail except with respect to participation in the Challenge which shall be governed by the Challenge Rules.
We are not responsible for any breach of this Agreement caused by circumstances beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
This Agreement is governed by and is construed in accordance with the laws of the state of New York, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in the state of New York, U.S.A. in all disputes arising out of or relating to the subject matter of this Agreement, including your use of the Services. Notwithstanding the foregoing, G4C shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you, (ii) to obtain a judgment against you where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which you reside or are located, or (iii) to enforce a judgment obtained against you in a New York court.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. 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.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
This Agreement constitutes the entire agreement between you and G4C with respect to Services, including use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, written or electronic, between you and G4C with respect to the Services. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Unless otherwise specified in these Term of Service, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The any paragraph headings or titles in these Terms of Use are for convenience only and shall not affect their interpretation.
Any rights not expressly granted in this Agreement are reserved to G4C.
Effective date: 10 November 2016.
This Student Challenge Privacy Policy describes the policies and procedures of Games for Change, Inc. (“G4C,” “we”, “our” or “us”) on the collection, use and disclosure of your information collected about or provided by you on www.gamesforchange.org/studentchallenge (the “Site”) and the services, features, content or applications we offer solely in connection with the Site and the Challenge (collectively with the Site, the “Services”). This Student Challenge Privacy Policy applies only to the Services. Please also read our Student Challenge Terms of Use carefully, available at www.gamesforchange.org/studentchallenge/terms/ (the “Terms of Use”) and collectively with the Terms of Use and this Student Challenge Privacy Policy, the “Agreement”).
We receive information about you from various sources, including: (i) if you submit information through the Services or make a submission to the Challenge; and (ii) your use of the Services generally. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Student Challenge Privacy Policy.
We do not collect any and will not ask you to provide any personally identifiable information to us, whether with a submission to the Challenge or otherwise through the use of the Services except as set forth below or unless we otherwise mutually agree in writing (and if you are under 18, even then only with the prior written consent of a parent or legal guardian), including through the Submission Form. We will only request personally identifiable information from you in connection with the Challenge or your use of the Site as specified in the Submission Form or if you are chosen as a winner in accordance with the Challenge Rules.
We may aggregate your information with information about other users so that it no longer identifies and cannot reasonably be used to identify an individual person.
If you are chosen as a winner of the Challenge, or if you and G4C otherwise agree to the collection of personally identifiable information,including through the Submission Form, we will only use that information fornon-commercial and educational purposes, and solely for the limited purposes set forth in the Submission Form or the applicable written consent and release form.
We will not use information we collect for any commercial purpose.
We also may share aggregated, anonymized information with third parties, including to help us develop content and services or to help these third parties develop their own products and service offerings. We will not share any personally identifiable information with these parties.
We use these technologies, for example, to help us recognize your browser as a previous user and save and remember any preferences that may have been set; to help us customize the content shown while you use the Services; and to help measure and research the effectiveness of our Services, content, features and other communications.
We may allow third parties to place and read their own cookies, web beacons, and similar technologies to collect information through the Services. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research and analytics.
You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of our site may no longer be available to you.
You may access third-party content through the Services and navigate to third-party sites and services from links on the Services. That third party is in control of and independently produces, maintains and monitors the content and third-party sites, and you are subject to the third party’s terms of use and privacy policies. You should review the privacy policies of these third-party sites for their policies and practices regarding the collection and use of your information as their policies may differ from ours. We do not accept any responsibility or liability for the privacy practices of third parties.
Effective date: 10 November 2016.
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