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Terms of Use

Terms of Use
This website (the "Website") is provided to you under these terms and condition of use (including, without limitation, any amendments, supplements or restatements that may be posted by Indie Game Bundle, LLC (the "Company") from time to time, "Terms of Use").

Binding Agreement
By using the Website, you accept the Terms of Use and agree to be legally bound by them. You should not use the Website if you have any objections to any of the Terms of Use.

Modifications to Terms of Use
The Company may make changes to the Terms of Use from time to time in its sole discretion and will post any such changes on the Website. Each time changes are made, notice of these changes will be posted on the Home page. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.

Modification or Suspension of Website
You agree that the Company may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part hereof (including, without limitation, the products and services available or produced through the Website), temporarily or permanently, without notice to you, and you agree that the Company will not be liable for any consequences of doing so.

Contact Information
If you have any questions or concerns with respect to these Terms of Use or the Website you may contact a representative of the Company as follows:

by email at info@indiegamestand.com

 

Electronic Communications
When you communicate with us via email or through the Website, you are communicating with us electronically. You agree that we may communicate electronically and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Compliance with Laws
You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of the Website, including, without limitation, intellectual property laws and privacy laws.

Protection of Intellectual Property Rights
You acknowledge that content available through the Website, including, without limitation, content in the form of downloads, files, text, documents, graphics, software, music, sound, photographs, and videos (collectively, "Intellectual Property"), is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws.

Except as otherwise noted, all content posted on or produced through this Website is:
Copyright © 2012 Indie Game Bundle, LLC. All Rights Reserved.

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software, text or documents) available or produced through the Website.

You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from or produced through the Website in any way, for any public or commercial use or provide it to any commercial source, including, without limitation, other websites, regardless of whether or not you receive compensation, without the express, prior written permission of the Company.

You may not frame any trademark, logo, or other proprietary information on this Website, without the express, prior written consent of the Company, and you may not remove or obscure the copyright notice or other notices displayed on the content.

Nothing contained in the Terms of Use or on the Website shall be construed as conferring any license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted in the Terms of Use are reserved.

None of the material contained on this Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed, without the prior written permission of the Company. The Company has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.

Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. - 512, the Company has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

The Company's Copyright Agent for Notice of claims of copyright infringement on its Website is its General Counsel, who can be reached as follows:

John M. Gerber
Gerber Growth, LLC
326 S. Juniper St., 1st Floor
Philadelphia, PA 19107

by telephone at 267-773-8555

or by email at john.gerber@gerbergrowth.com

You may want to seek the advice of independent legal counsel before filing a notification.

Trademark Notices
"INDIE GAME BUNDLE" and "INDIE GAME STAND" are trademarks of the Company. All other trademarks and service marks are the property of their respective owners. You may not use or display any trademark owned by the Company without our prior written consent.

Trademarks/Service Marks
The trademarks, logos and service marks, including those listed above, displayed on the Website (collectively the "Marks") identify the Company's products and services, and inform the public that the Company is the source of those products and services. Nothing contained on the Website should be construed as granting any right or license to use any Mark displayed on the Website. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

  • To identify materials or services that are not Company materials or services;
  • In, as, or part of your own trademarks or services marks;
  • In an manner likely to cause confusion;
  • In a manner that implies inaccurately that the Company sponsors, endorses or is otherwise connected with your products, services or other activities; or
  • In a manner that disparages the Company or dilutes the Marks.

 

You are also advised that the Company will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use any Marks without prior written permission from the Company.

Limitations of Liability
THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE RELATED TO YOUR USE OF THE WEBSITE, ANY SITE LINKED TO THIS SITE OR ANY GAME, SERVICE OR PRODUCT PRODUCED OR MADE AVAILABLE THROUGH THE WEBSITE, WHETHER FROM ERRORS OR OMISSIONS OR OTHERWISE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE (OR ANY GAME, SERVICE OR PRODUCT PRODUCED OR MADE AVAILABLE THROUGH THE WEBSITE) OR ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Disclaimer of Warranties With Respect to Use of Website and Games
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE OR ANY GAME, SERVICE OR PRODUCT AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE OR SUCH GAMES, SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY.

YOU UNDERSTAND AND AGREE THAT ANY GAME, FILE AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH GAME, FILE AND/OR DATA.

Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, and their respective members, shareholders, directors, officers, employees, and agents from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with your use of the Website, any game, service or product available through the Website, content you submit, post, or transmit through the Website, your breach of the Terms of Use, or your connection to the Website.

Severability of Terms
If any provision of the Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.

Applicable Law
The Agreement and the resolution of any dispute related to the Agreement or the Website shall be governed by and construed in accordance with the laws of the United States, including, without limitation, federal copyright and trademark laws, and with the laws of the State of Delaware applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law. Any legal action or proceeding between the Company and you related to the Terms of Use or Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Wilmington, DE and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.

These Terms of Use were last updated May 14, 2012.

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