Date of last update: February 16, 2017
The following terms of service (hereinafter the "Terms of Service") governs the terms and conditions of access and use of the Website and the Services by the Users as described below. Please, read the terms of service carefully. If any user does not agree with these terms, such user must not use this website or any of the services, conten, features and functionnality available through it. By using this website and/or any of the available services, content, features, or functionnality, users represent and warrant that such user has the right, authority and capacity to consent to these terms in their entirety and users acknowledge that users have read, understand and fully accept and agree to all of these terms. User should please print and keep a paper copy and/or retain an electronic copy of these terms for their records.
This website is accessible via the URL https://www.videogamepromo.com (hereinafter the "Website").
This Website is published by BIG Indie Games, a French simplified joint stock company (société par actions simplifiée) with a registered office located 14 rue de Buci in Paris (75006), France, registered at the French Registry of Trade and Companies (Registre du commerce et des sociétés) under the number 818 551 509 RCS Paris and acting under the commercial trademark "Video Game Promo" (hereinafter the "Company").
The Company is registered under the SIREN number 818 551 509.
Company contact details: Geoffrey Cambefort
Phone number: +33 681 483 821
This Website is hosted by Microsoft Azure.
The Publication Director of this Website is Geoffrey Cambefort.
For the purpose hereof:
"Company" means BIG Indie Games, a French simplified joint stock company (société par actions simplifiée) with a registered office located 14 rue de Buci in Paris (75006), France, registered at the French Registry of Trade and Companies (Registre du commerce et des sociétés) under the number 818 551 509 RCS Paris;
"Creators" means the persons offering to create promotional online videos about Publishers' games;
"Publishers" means the game publishers who partner with the Company to beneficiate of the Services;
"Services" means the services proposed to Users on the Website;
"User" means any person accessing, visiting or using the Website or the Service proposed on the Website, acting for its own account or on behalf of a legal person. Creators & Publishers shall also be deemed "Users" for the purposes hereof.
The Company developed a software (hereinafter the "Software") operated under the protected trademark Video Game Promo (hereinafter "VGP") which is designed to enable video creators (hereinafter the "Creator(s)") publishing certain content (texts, pictures, videos and links) on social media networks and/or platforms (e.g., YouTube, Twitch, etc.) to come into contact with Publishers in order to carry out promotion operations. Company allows the Publishers to analyze data from Creators' activities on the Website to measure their campaigns' successs (hereinafter the "Service(s)").
Services for Users: Users who register for the Website and Services will have certain access to YouTubers and/or developers' dashboards. For security reasons, Users need to confirm their email used in the sign up process to unlock these dashboards. Users who forgot their password can ask to reset it. Users who linked their social accounts to VGP can revoke the VGP access to their social networks directly in their account settings configured on these third party services (e.g., Facebook, Twitter, Google, YouTube and Twitch). Users will receive email notifications for important changes in these Terms of Service, to improve the Website discovery, to follow-up any support/feedback enquiry or to bring Users another important announcement from the VGP team.
Services for Creators: Users who link their YouTube account to the Website are Creators. On the YouTubers' dashboard, Creators enroll in campaigns, getting third party video games' keys ("Game Key(s)"). Game Keys from desktop/console stores allow Creators to get a pre-paid downloadable video game from these stores. Game Keys from mobile app stores are promocodes to get a pre-paid downloadable game OR to get an in-app purchase for this game for free OR to unlock a bonus or a feature inside this game. We made groups of Creators for a better comprehension of our Services. Gamers are Creators with a total reach higher than 100 views. Talents are Creators with a total reach of 1,000 views or more. And Stars are Creators with a total reach of 50,000 views minimum. The reach is a term used to define the real influence of a Creator for his/her channel. The channel's reach is the average number of views for its videos & streams, published since at least 7 days, within the last 2 months. We update your reach every week. Talents & Stars can produce sponsored videos and get paid outside the Website by the VGP team if a paid partnership existed before the video production. To avoid multiple transaction's fees, the VGP team pays Talents & Stars one time per month. It's clear for all Creators that getting a Game Key, producing and publishing a video without any agreement is not a paid partnership. It's possible that another Creator get the last Game Key for a game before you, even if you saw the "Get a key" button in the YouTuber's dashboard. Contact us if you need more info or to share an issue about the Website with us. In the case of a paid partnership, the amount of cash promised then earned by the Creator needs to be kept secret by the Creator & the Company.
Services for Publishers: Users who submit their video games to the Website are Publishers. On the developer's dashboard, Publishers add their games then promote a game in two ways: Game for views allows Publishers to request some potential promotion from 20 Creators for free, offering Game Keys. Pay for Views allows Publishers to sponsor Creators' video in a campaign of various Creators managed by the VGP team and its partners. To help Creators to find the best video games to produce their videos, the VGP team reviews each new game submission on the Website. In the event a Creator wishes to get a specific Publishers game, the Creator just needs to request the Game Key on the Website. If authorized by the Website, a Game Key will be given to the Creator to make a gaming video. The Creator will then publish the video on his/her YouTube channel, giving an unbiased review of the game, for no compensation to the Creator in a Game for Views campaign. As Creators in a Pay for Views campaign need to be sure about their revenues, Publishers are charged upfront for the minimum amount of views the Creators have to reach. To start a Pay for Views campaign, Publishers need to contact the VGP team because payments are currently managed outside the Website (e.g., transaction banking and/or PayPal transfers).
Six Month Exclusivity: For a period of six (6) months commencing on the later of: (i) the date when you discover the presence of a User/Creator/Publisher on the Website, and (ii) the approval date of the Creator's video neither you nor your agents or affiliates will enter into an agreement directly or indirectly with such User/Creator/Publisher for the creation of any promotional media content. Contact us to plan special operations, even outside the Website.
Clear and prominent disclosure of material connections with Publishers: Creators are required to follow the Federal Trade Commission’s Endorsement Guides. In the event you get a Game Key and/or an agreement to sponsor your video, you understand and agree that you are required to clearly and conspicuously disclose any material connection between you and the Publisher. Material connections include, but are not necessarily limited to, the Publisher providing you with something of value, such as free use of products or services. In general, disclosures should be:
As a Creator, it is your responsibility to understand and abide by the requirement imposed on you by the FTC and to ensure that a clear and conspicuous disclosure is made each and every time you create content for a Game Key. If the Company learns of videos you create that do not, in our sole discretion, abide by the FTC endorsement disclosure guides, we may require you to add appropriate disclosures, and we may require you to suspend the video until such disclosures are added. Repeated failure to include appropriate disclosures in your video, or your failure to add disclosures upon request by the Company, may result in termination of your account.
The Website's purpose is to provide for general information on the Company's activities. The Company does not guarantee the accuracy, correctness or completeness of the information contained on the Website. All Users acknowledge and agree that its use of the Internet and access to the Website is solely at its own risk. Each User should also understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Website.
Any User wishing to check all or part of the information contained on the Website shall directly contact the Company (see Company contact details above).
The Company does not guarantee the Website will be continuously accessible. The Company reserves its right to modify, suspend and/or suppress all or part of the Website, Services and of the information it contains at any time without prior notice.
Consequently, the Company shall not be held liable of any actual or alleged damage, suffered directly or indirectly, by any User because of its connection to the Website, the consultation and/or use of the information provided by the Website and/or the use of Services thereunder.
Each User acknowledges and agrees that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Company, or its content providers. The following are examples of the kind of content and/or use of the Service or the Website that is illegal or prohibited by the Company.
The Company reserves its right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting the concerned User to the law enforcement authorities.
The User agrees not to use the Services to:
Special Notice for International Use - Export Controls: Software (as defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to export controls in certain countries. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of the concerned country applicable laws. Users agree in advance that the download or use of the Software is at the Users' sole risk. Recognizing the global nature of the Internet, the Users agree to comply with all local rules and laws regarding their use of the Services, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized by the Company or within the Services, they agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services or access to the Services. Unless otherwise expressly agreed by the Company, the Services are for their personal use.
Exclusive purpose of the Website, Software and Services - Interactions between Users, Creators & Publishers:
Software, which provides access to the Website, constitutes a contact platform (hereinafter the "Platform") exclusively for Users, Creators and Publishers.
The Platform shall only be used to come into contact with a User/Creators/Publishers in order to carry out promotion operations, and any contact for another reason whatsoever is prohibited under these Terms of Service.
This Platform shall under no circumstance be used to interact with third parties who are not Users or to carry out transactions that would not concern a User, a Creator or a Publisher on the contact day.
Therefore, Users, Creators and Publishers expressly acknowledge and agree that, under these Terms of Service, it is forbidden to:
Creators also acknowledge and accept that a transaction that was concluded with a Publisher through the Platform shall be continued and carried through the same Platform until its termination.
Modifications to the Service: The Company reserve its right at any time, with or without prior notice to Users, to (a) modify algorithms, and (b) modify or discontinue, temporarily or permanently, the Services (or any part thereof). The Company shall not be liable toward Users or any third party for any modification of algorithms, or any modification, suspension or discontinuance of the Services.
Users acknowledge that by providing any information to Company which is untrue, inaccurate, not current or incomplete, Company reserves the right to terminate such User's access and use of the Website and/or the Services. In using the Website and/or Services, Users may be asked to select a username and password. Users are entirely responsible for maintaining the security and confidentiality of its account and password, if any. FURTHERMORE, USERS ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY ANY USER OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH A USER ACCOUNT. Users agree to notify Company immediately of any unauthorized use of its account or any other breach of security. Neither Company nor its licensors will be liable for any loss that a User may incur as a result of someone else using a password or account, either with or without such User's knowledge. Users may be held liable for any losses incurred by Company, its licensors or another party due to someone else using such User's account or password.
Connection to Services through a Third Party Account/ Data preservation by Company: Users may also access Services by logging into their account opened with certain third party social networking sites (hereinafter "Third Party Account(s)") (including YouTube), via the Website, under conditions described below.
The functionality of the Website and Services enable Users to link their account to Third Parties Account either by:
The Users doing so, declares that they are allowed by the terms of service of their Third Party Account to disclose to the Company the login information of their Third Party Account and / or to give the Company access to their Third Party Account, without any restriction may be imposed by the Third Party Account supplier or without the User or the Third Party Account supplier may require the Company to pay any fees related to such disclosure.
By allowing the Company to access their Third Parties Account, Users acknowledge and agree that the Company will have access, will make available and preserve any content that the Users would have provided and kept on their Third Party Account (hereinafter the "Third Party Account Content") so that this content is available on and through the Website and Services, this being likely to vary according to the type of Third Party Account, its availability and the privacy settings of such Third Party Account as defined by Users.
Third Party Account Contents are governed by their terms of service and are subject to provisions of these Terms of Service concerning the information provided by Users.
The Company has no obligation to check the accuracy, legality or non-infringement of Third Party Accounts Contents and it shall not be held liable in any way because of the content or the operation of these Third Party Accounts.
The Company reserves the right to refuse or cancel the Service, terminate accounts, or remove or edit content at its sole discretion.
General Practices Regarding Use and Storage: Users acknowledge that the Company may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that the Company statistics, data or other content will be retained by the Services and the maximum storage space that will be allotted on the Company's servers on behalf of the Users. The Company shall not be held liable for the deletion or failure to store any data or other content maintained or uploaded by the Services. The Company reserves its right to terminate accounts that are inactive for an extended period of time. The Company also reserves its right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Company shall not be held liable for any injuries suffered by any User, whether minor or not, whatever its cause, whether directly or indirectly resulting from the access or use of the Website or of the Services, including the injuries resulting from the use of the Game Keys provided by third parties to Users within the framework of the Services.
Quality of the products provided within the framework of the Services:
The Creators are aware that the Company does not control nor fully investigate on each new game before they access Game Keys. Consequently, the Company shall not be held liable for any injury or deception suffered by the Creators and resulting from the direct or indirect use of the Game Key. The Creators are aware that the quality and content of the Game Key are under the full responsibility of the Publishers and that the Company shall not be held liable because of it.
Any information provided by Company regarding the Game Key or otherwise (e.g. game info or Publisher's comment) is for informational purposes only. Creators should not take any action based upon any information contained on the Website. Use of the Website is not meant to serve as a substitute for professional advice. Creators should read and strictly follow all game descriptions, game stores inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
and is incorporated by reference into these Terms of Service.
Website and Service Content, Software and Trademarks:
The Users acknowledge and agree that the Website and the Services may contain content (hereinafter the "Website and Service Content"), that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws, including the protected brands of third parties.
Except as expressly authorized by the Company, Users agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Website and Service Content, in whole or in part, except that the foregoing does not apply to the concerned User Content (as defined below) that legally upload to the Services.
In connection with their use of the Services, the Users will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
If Users are blocked by the Company from accessing the Services (including by blocking their IP address), Users agree not to implement any measures to circumvent such blocking (e.g., by masking their IP address or using a proxy IP address).
Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and Software underlying the Services or distributed in connection therewith (for example, mobile applications, badges and other widgets) is the property of the Company, its affiliates and its partners.
Users agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Company.
The Video Game Promo name and logos are trademarks and service marks of the Company (hereinafter collectively the "VGP Trademarks"). Other VGP products and services names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company.
Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Services, without the Company's prior written permission in each instance. All goodwill generated from the use of VGP Trademarks will inure to the Company's exclusive benefit.
User acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (hereinafter the "Submissions"), provided by them to the Company are non-confidential and the Company the latter will be entitled to the perpetual, irrevocable, unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to Users.
Users acknowledge and agree that the Company may preserve content and disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Users understand that the technical processing and transmission of the Service, including the content, may involve:
In addition, Company will have the sole right to remove any content from the Services that it believes in its sole discretion is in violation of this Terms of Service or is otherwise inappropriate in any way.
Viruses: The downloading and viewing of Content is done at your own risk. The Company cannot and does not guarantee or warrant that the Website or the Content are compatible with your computer system or that the Website or the Content, or any links from the Platform or the Content, shall be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.
Third Party Material: Under no circumstances will the Company be liable in any way for any content uploaded by third parties or at the direction of Users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Services. Users acknowledge that the Company may not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by the Company, in its sole discretion, to be otherwise objectionable. Users must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Dealings with Third Parties:
Users participation, correspondence or business dealings with any third party found on or through the Site and Services, including, without limitation, advertisers and other users, regarding delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between Users and such third party. Users agree that Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If Users believe in good faith that materials hosted by Company infringe Users' copyright, Users or Users agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If any User believes in good faith that a notice of copyright infringement has been wrongly filed against such User, the DMCA permits the User to send to Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If any User believes that its work has been copied in a way that constitutes copyright infringement, please provide Company's Copyright Agent the following information:
Company's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: BIGIndie Games SAS 14 rue de Buci 75006 Paris, France. Company suggests that Users consult a legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company is providing these links only as a convenience for the Users, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. The Company has no control over such sites, resources and the Company is not responsible for and does not endorse such sites and resources.
Users further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.
Any dealings Users have with third parties found while using the Services are between them and the third party, and Users agree that the Company is not liable for any loss or claim that they may have against any such third party.
Users are solely responsible for their interactions with any other User in connection with the Services, and the Company shall not be held liable with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
Users are prohibited to create hyperlink to the Website and/or any page of this Website and/or a file contained therein without the written prior consent of the Company.
The Company shall not be held liable for the existence of hyperlinks between its Website and third party websites and/or websites that the Company doesn't endorse in any manner.
Users agree to release, indemnify and hold the Company its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to their use of the Services, any User Content, their connection to the Services, their violation of these Terms of Service or their violation of any rights of another and/or any allegation that any Submission infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party.]
DISCLAIMER OF WARRANTIES
THE USERS' USE OF THE SERVICES IS AT THEIR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET THE USERS'S REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY THE USERS THROUGH THE SERVICES WILL MEET THEIR EXPECTATIONS.
USERS EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF THEIR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY TO THE USERS FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION MAY EXCEED THE AMOUNT THEY HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, WITHIN THE LIMIT OF, ONE HUNDRED (100) US DOLLARS.
IN PARTICULAR, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DAMAGE SUFFERED WHATSOEVER, WHETHER INCIDENTAL OR CONSEQUENTIAL, CAUSED DIRECTLY OR INDIRECTLY, BY THE USE OF THE SERVICES OR THE USE OF THE PRODUCTS OF THIRD PARTIES PROVIDED BY THE COMPANY WITHIN THE FRAMEWORK OF THE SERVICES.
This contract is concluded for an indefinite period from the use of the Website and of the Service by the User.
Users agree that the Company, in its sole discretion, may suspend or terminate their account (or any part thereof) or use of the Services and remove or any messages or other content within the Services, for any reason, including, without limitation, for lack of use or if the Company believes that the users have violated or acted inconsistently with the letter or spirit of these Terms of Service.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of their use of the Services may be referred to appropriate law enforcement authorities.
The Company may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.
The Users agree that any termination of their access to the Services under any provision of this Terms of Services may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete their account and all related information and files in their account and/or bar any further access to such files or the Services. Further, Users agree that the Company will not be liable to them or any third party for any termination of their access to the Services.
Company makes no representation or warranty that the content and materials on the Website or the Services are appropriate or available for use in locations outside of France. Those who choose to access the Website or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Company reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Website or the Services to any person, geographic area or jurisdiction Company so desires, and to limit the quantities of any such service or products that Company may provide.
Entirety: These Terms of Service constitute the entire agreement between Users and the Company and govern their use of the Services, superseding any prior agreements between them and the Company with respect to the Services. Users also may be subject to additional terms and conditions that may apply when Users use affiliate or third party services, third party content or third party software. Waiver; Inapplicability of clauses of the Terms of Service: The failure of the Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found to be void, invalid or inapplicable, the other provisions of these Terms of Service remain in full force and effect. In this case, the parties agree to replace the invalid provision by a new provision in accordance with applicable law and the spirit of these Terms of Service.
Various: The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Any dispute, claim, or controversy arising out of or relating to the application, interpretation and construction of these Terms of Service or the Services that are not resolved by mutual agreement shall be settled by the competent court.
Any dispute arising out of the application, interpretation and construction of these Terms of Service shall be governed by French law.
Please contact us at firstname.lastname@example.org or by mail at BIG Indie Games SAS 14 rue de Buci 75006 Paris to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.