Terms of Service

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.

OUR TERMS INCLUDE A CLASS ACTION WAIVER

Company's Services (as defined below) may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Website or provided through the Website. These Terms of Service governs User's use of the Website and Services that are provided by Company. Please read this agreement carefully before accessing or using the Website or any of the Services. Each time any User accesses or uses the Website or Services, each User agrees to be bound by these Terms of Service. If any User does not agree to be bound by all of these Terms of Service, the User may not access or use the Website or Services. In addition, certain areas of the Website or Services may be subject to additional terms of service that Company makes available for Users' review including, without limitation, the Privacy Policy, which is incorporated by this reference and may be accessed here

Privacy Policy By using such areas, or any part thereof, each User expressly indicates that it has read and agrees to be bound by the additional terms of service applicable to such areas. In the event that any of the additional terms of service governing such area conflict with these Terms of Service, the additional terms will control. Company reserves the right to amend this Terms of Service at any time and without notice. If Company does this, Company will post an updated Terms of Service and indicate at the top the date the Terms of Service was last revised. Users' continued use of the Website and/or Services after any such posting constitutes such User's acceptance of the new Terms of Service. If any User does not agree to these Terms of Service or any future Terms of Service, do not use or access (or continue to access) the Website and/or Service. This Agreement applies to all visitors, users, and others who access the Website and/or Service.

LEGAL INFORMATION

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
Email: geoffrey@videogamepromo.com
Phone number: +33 681 483 821
Live support

This Website is hosted by Microsoft Azure.
The Publication Director of this Website is Geoffrey Cambefort.

DEFINITIONS

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.

DESCRIPTION OF THE SERVICES

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:

  • in clear and unambiguous language;
  • as close as possible to the native ads to which they relate;
  • in the same medium as the ad, for instance, in the video;
  • in a font and color that’s easy to read;
  • in a shade that stands out against the background;
  • for video ads, on the screen long enough to be noticed, read, and understood; and
  • for audio disclosures, read at a cadence that’s easy for consumers to follow and in words consumers will understand

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.

PURPOSE OF THE WEBSITE

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.

CONDITIONS OF USE OF THE SERVICES AND THE WEBSITE

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:

  • a. email or otherwise transmit any content that
    • (i) infringes any intellectual property or other proprietary rights of any party;
    • (ii) enabling to upload any content whatsoever, the User having no right to upload under any law or under contractual or fiduciary relationships;
    • (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • (iv) poses or creates a privacy or security risk to any person;
    • (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
    • (vi) is unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or
    • (vii) in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or the Users to any harm or liability of any type;
  • b. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, whether legal or not, procedures, policies or regulations of networks connected to the Services;
  • c. violate any applicable, national or international law, or any regulations having the force of law, including without limitation, FTC regulations;
  • d. impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
  • e. solicit personal information from anyone under the age of 18;
  • f. harvest or collect email addresses or other contact information of other Users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically approved by the Company or authorized by the law in force;
  • h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  • i. obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Services;
  • j. delete any author attributions, legal notices or proprietary designations or labels;
  • k. register, subscribe or unsubscribe any party for any Company and/or Publishers product or service if the User is not expressly authorized by such party to do so; or
  • l. use the Website in any manner that could damage, disparage, or otherwise negatively impact Company or its parent companies, affiliates and/or subsidiaries.

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.

ACCESS AND USE OF THE SERVICE

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:

  • a. contact a User/Creator/Publisher for a purpose other than as specifically set forth above or for a purpose that would be contrary to the Website, Services or Software purposes;
  • b. to invite any User/Creator/Publisher to use third parties services or website competing with those of the Company, without the prior written consent of the Company;
  • c. use automated scripts to collect information on or otherwise interact with the Website, Services or the Website Content and Services as defined below.

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.

Registration Obligations/Opening an account: If the User chooses to register for the Services, the User agrees to provide and maintain true, accurate, current and complete information about him as prompted by the Services' registration form. Registration data and certain other information about the User are governed by the Company Privacy Policy accessible here: Privacy Policy

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:

  • (i) providing the login information of their Third Party Account to the Company through the Website or the Services,
  • (ii) authorizing the Company to access their Third Party Account, in accordance with the terms of service of each Third Party Account.

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.

PRIVACY POLICY

Company's privacy policy with respect to the collection and use of User's personally identifiable information is set forth at https://www.videogamepromo.com/privacy.html and is incorporated by reference into these Terms of Service.
By accessing the website and/or services, Users agree that Users are accepting Company's privacy policy.

INTELLECTUAL PROPERTY RIGHTS

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:

  • (a) comply with legal process, applicable laws or government requests;
  • (b) enforce these Terms of Service;
  • (c) respond to claims that any content violates the rights of third parties; or
  • (d) protect the rights, property, or personal safety of the Company, its Users and the public.

Users understand that the technical processing and transmission of the Service, including the content, may involve:

  • (a) transmissions over various networks; and
  • (b) changes to conform and adapt to technical requirements of connecting networks or devices.

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 PARTIES

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.

COPYRIGHT POLICY

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:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work that User claims has been infringed;
  • Identification of where the material that User claims is infringing is located on the Website or Service reasonably sufficient to permit Company to locate the material;
  • Information reasonably sufficient to permit Company to contact User, such as User's address, telephone number and, if available, email address;
  • A statement by User that User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by User made under penalty of perjury, that the above information in User's notice is accurate and that User is the copyright owner or authorized to act on the copyright owner's behalf.

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.

THIRD PARTY WEBSITES

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.

USER DISPUTES

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.

HYPERLINKS

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.

INDEMNITY AND RELEASE

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.

LIMITATION OF LIABILITY

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.

DURATION - TERMINATION

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.

JURISDICTIONAL ISSUES

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.

GENERAL

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.

APPLICABLE LAW – JURISDICTION

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.

Entire Agreement, Waiver and Severability: These Terms of Service constitute the entire agreement between the Company and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provisions or right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between the parties (such as the terms of a sponsored partnership), then these Terms of Service shall prevail; provided that, if you are also a Publisher registered on the Website, the terms of use applicable to Publishers will govern your relationship with the Company in that respect. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.

QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us at geoffrey@videogamepromo.com 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.