GGJNEXT™ Terms of Service

These Terms of Service describe the terms and conditions applicable to your use of www.globalgamejamnext.org and any of the other websites and online services that link to these Terms of Service (the “Services”) operated by Global Game Jam (“GGJ,” “we,” “our,” “us”), and to your use of the information, materials, products, and services available through the Services. By accessing or using our Services you agree to be bound by these Terms of Service. Please read them carefully. If you do not agree to be bound by these Terms of Service, do not access or use the Services.

GGJ may, at any time, make changes to the Services and the information, materials, products, and services available through the Services. Any modifications will take effect when posted. Your continued use of the Services constitutes your agreement to the Terms of Service effective at the time of your use.

Privacy

You can learn about how we handle your information on the Services by reading our Privacy Policy , which is incorporated by reference herein. You should read this Privacy Policy carefully. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

Your Obligations

You agree to use the Services only as permitted in the Terms of Service. We may terminate your access to the Services or parts thereof at any time and without notice if we determine, in our sole discretion, that you may have breached the Terms of Service. You agree that you will not:

• Use the Services for any unlawful purpose;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or an entity.
• Post or transmit any information that you do not have the right to disclose, reproduce, display, or transmit.
• Use the Services in a manner that adversely affects the availability of the Services’ resources to other users.
• Provide inaccurate, false, or incomplete information.
• Engage in harassment, stalking, vulgar speech, hateful speech or conduct, or otherwise improper conduct as determined solely by GGJ.
• Upload or transmit any viruses, software, or malicious code to or via the Services.
• Attempt to gain unauthorized access to the Services, to any part or feature thereof, to any other systems or networks connected to the Services, to any of our servers, or to any of the services offered on or through the Services.
• Probe, scan, or test the vulnerability of the Services or any network connected to the Services.
• Breach the security or bypass the authentication measures on the Services or any network connected to the Services.

Proprietary Rights

The content of the Services, including without limitation, text, user interfaces, visual interfaces, photographs, trademarks logos, sound, artwork, videos, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content contained in the Services is owned, controlled, or licensed by or to GGJ and is protected by U.S. trade dress, copyright, and other laws, and other international conventions and laws.

Except as expressly provided in these Terms, you may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation software code, contained in the Services without our prior written permission. The commercial use, reproduction, transmission, or distribution of any information, software, or other material available through the Services without the prior written consent of GGJ is strictly prohibited.

We grant you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-exclusive, revocable license to access and use the Services. This license is for the sole purpose of enabling you to access and use and enjoy the Services as permitted by these Terms of Service. This license does not grant you any right to use branding, logos, or other content or materials used in our Services. This license is subject at all times to your adherence to these Terms of Service and our usage policies.

We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.

User Generated Content

GGJ may now or in the future permit you and other users to post computer code (including both source and object code), information, text, graphics, notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, “User Content”) to the Services. You understand that whether or not such User Content is published, GGJ does not guarantee any confidentiality with respect to any submissions.

GGJ has no obligation to monitor User Content or other materials. You are responsible for evaluating all User Content including for accuracy, completeness and reliability, and you bear all risk of using such User Content. GGJ will not be responsible for any damages that you may incur as a result of the submission or use of any User Content.

GGJ may, but is not obligated to, monitor or review any Services where educators and/or site organizers communicate solely with each other, including but not limited to third-party messaging tools such as Slack, Facebook, Google Hangouts, and Skype, and the content of any such communications. You assume the risk of such communications, and GGJ has no liability related to the content or use of any such communications.

With the exception of content that is governed by a separate license agreement with GGJ, by submitting or distributing User Content through the Services, you hereby grant to GGJ a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

In addition, by submitting or distributing User Content through the Services, you hereby grant to each user of the Services a non-exclusive license to access and use your User Content.

Third-Party Services

The Services may link to third-party web sites or services. GGJ does not control such sites and services, and you acknowledge that GGJ is not responsible for the content or operation of such sites and services.

Pledges, Donations, and Payments

Pledges and Donations. If you make a pledge or donation on this website, You agree to pay all pledges and donations specified.

Payment Methods. GGJ will charge the pledge or donation you authorized, if any, to the PayPal account or credit card [HL4] you designate. You authorize the credit card or PayPal account you designate to pay any amounts described herein and authorize GGJ, or any other company that acts as a billing agent for GGJ, to continue to attempt to charge all sums described herein to your credit card or PayPal account until such pledges or donations are paid in full.

Credit Card Authorization. If you use a credit card to pay for any pledge or donation related to the Website, You will be asked to provide GGJ with a credit card number from a card issuer that we accept. GGJ may seek pre-authorization of your credit card account to verify the credit card is valid and/or has the necessary funds or credit available to cover your pledge or donation. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

Warranties and Limitation of Liability

The Services ARE provided “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY, OR TIMELINESS OF THE SERVICES OR ANY PART THEREOF.

We do not warrant that the Services will operate error-free or that the Services and its servers are free of computer viruses and other harmful goods.

In no event shall we, our affiliates, suppliers, or any third-parties involved in creating, producing, or delivering the SERVICES be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from your access to, use of, reliance on, or inability to use the SERVICES, the materials contained in the SERVICES, or the materials contained in third-party websites linked from the SERVICES, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.

We ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF A VIRUS, WORM, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION FROM THE SERVICES.

In no event shall our total liability to you for all damages, losses, and causes of action arising from your use or inability to use the SERVICES (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid by you, if any, for accessing the SERVICES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY THEREFORE NOT APPLY TO YOU. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT ANY OF THESE EXCLUSIONS OR LIMITATIONS OF LIABILITY, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.

Applicable Laws and Dispute Resolution

You expressly agree that the exclusive jurisdiction for any claim or action arising out of relating to these Terms of Service or your use of the Services shall be filed only in the state or federal courts located in [Jurisdiction[HL5] ], and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of rules laws.

GGJ makes no representation that materials on the Services are appropriate or available for use in other locations, and accessing them from territories where their contents may be illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with the local laws.

Indemnification

You agree to defend, indemnify and hold harmless GGJ and its subsidiaries and other affiliated entities and their employees, contractors, officers, and directors from all liabilities, claims and expenses including attorney fees, that arise from your use or misuse of the Services. GGJ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GGJ in asserting any available defenses.

Your Security Obligations

You acknowledge and agree that you are responsible for maintaining the security confidentiality of the credentials that you use to access the Services (if applicable) and that you are responsible for all uses of your login ID. You agree to notify us immediately if you suspect or become aware of unauthorized use of your login credentials or account. You acknowledge that you may be held liable for any loss or harm incurred by us or others due to someone else using your login credentials or account as a result of your failure to keep the information secure and confidential.

DMCA Copyright Infringement Claim Policy For Interactive Features

If you believe your work has been copied and posted on or through the website in a way that constitutes copyright infringement, please send GGJ’s Copyright Agent, Benjamin J. Siders, on behalf of GGJ Inc., [Lewis & Rice, 600 Washington Ave., Suite 2500, St. Louis, MO 63101-1311 USA] a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sites (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) 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;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature. GGJ’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Benjamin J. Siders, on behalf of GGJ Inc., [Lewis & Rice, 600 Washington Ave., Suite 2500, St. Louis, MO 63101-1311 USA]

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, GGJ will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on the website. No personal user information is shared with the copyright owner unless required by law.

If GGJ receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a "repeat copyright infringer." GGJ reserves the right to terminate access to of "repeat copyright infringers" to interactive features.

Procedure to File a DMCA Counter-Claim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with GGJ’s designated agent.

To be effective, a Counter-Claim must be a written communication provided to GGJ’s designated agent and must include the following information:

(a) A physical or electronic signature of the user;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(d) The user's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person;

Upon receipt of a DMCA Counter-Claim, GGJ will provide the complaining party with a copy of the DMCA Counter-Claim. When GGJ receives a Counter-Claim that meets the requirements of the DMCA, GGJ will process the Counter-Claim in accordance with the requirements of the DMCA.

Notices

You may communicate with us via the channels listed in the Contact section below. We may issue notices via various channels, including by distributing messages via the Services and sending emails to the address you provide us. You agree that such notices shall have legal effect. And you agree that any notices sent by e-mail or via the Services satisfy any requirement that notices be provided in writing. If you do not agree, do not use the Services.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and GGJ with respect to the use of the Services and supersedes all prior or contemporaneous communications and proposals, (whether written or electronic) between you and GGJ with respect to the Services. If any part of these Terms of Service is held invalid or unenforceable that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Termination

GGJ reserves the right, at its sole discretion, to terminate your access to all or part of the Services with or without notice. If you violate any of these Terms of Service, your permission to use the Services and any content or materials downloadable, printable, or otherwise available from the Services automatically terminates.

Waiver

Any waiver by us of a breach of any provision of these Terms of Service shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Service. Any waiver must be in writing. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such provision.

Contact

If you have any question regarding these Terms of Service, please contact us at questions@globalgamejam.org.

These Terms of Service were last updated: 1 November, 2017