Terms & Conditions of Use
1. Your relationship with GetIntoTheGame
1.1 Your use of the GetIntoTheGame website GetIntoTheGame.co.uk
("GetIntoTheGame.co.uk", "we", "our",
"the website", "GetIntoThegame") and any products,
software and services, is subject to the terms of a legal agreement
between you and GetIntoTheGame.
1.2 Your legal agreement with GetIntoTheGame is made up of (A)
the terms and conditions set out in this document, and (B) GetIntoTheGame's
Privacy Policy.
1.3 The Terms form a legally binding agreement between you and
GetIntoTheGame in relation to your use of the Services. It is important
that you take the time to read them carefully.
1.4 The Terms apply to all users of the Website, including users
who are also contributors of content, information, and other materials
or services to GetIntoTheGame.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the
Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Services. You
understand and agree that GetIntoTheGame will treat your use of
the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if
(a) you are not of legal age to form a binding contract with GetIntoTheGame,
or (b) you are a person who is either barred or otherwise legally
prohibited from receiving or using the Services under the laws of
the country in which you are resident or from which you access or
use the Services.
2.4 You should print off or save a local copy of the Terms for
your records.
3. Changes to the Terms
3.1 GetIntoTheGame may make changes to the Terms from time to time.
When these changes are made, GetIntoTheGame will make a new copy
of the Terms available on this page.
3.2 You understand and agree that if you use the Services after
the date on which the Terms have changed, GetIntoTheGame will treat
your use as acceptance of the updated Terms.
3.3 You should check the Terms regularly for changes.
4. GetIntoTheGame accounts
4.1 In order to access some features of the Website or other Services,
you will have to create a GetIntoTheGame account. When creating
your account, you must provide accurate and complete information.
It is important that you must keep your GetIntoTheGame account password
secure and confidential.
4.2 You must notify GetIntoTheGame immediately of any breach of
security or unauthorised use of your GetIntoTheGame account that
you become aware of.
4.3 You agree that you will be solely responsible (to GetIntoTheGame,
and to others) for all activity that occurs under your GetIntoTheGame
account.
5. General restrictions on use
5.1 GetIntoTheGame hereby grants you permission to access and use
the Website and the Services, subject to the following express conditions,
and you agree that your failure to adhere to any of these conditions
shall constitute a breach of these Terms on your part:
A. you agree not to distribute any part of or parts of the Website,
including but not limited to any User Submissions (as defined below),
in any medium without GetIntoTheGame's prior written authorisation;
B. you agree not to alter or modify any part of the Website or any
of the Services (including but not limited to the GetIntoTheGame
Player and its related technologies);
C. you agree not to access User Submissions (defined below) or other
content made available on the Website (including GetIntoTheGame
Content, as defined below) through any technology or means other
than the pages of the Website itself, or such other means as GetIntoTheGame
may explicitly designate for this purpose;
D. you agree not to (or attempt to) circumvent, disable or otherwise
interfere with any security related features of the Website or features
that (i) prevent or restrict use or copying of any User Submissions
or GetIntoTheGame Content or (ii) enforce limitations on use of
the Website or the content accessible on the Website;
E. you agree not to use the Website or any Services for any commercial
use, without the prior written authorisation of GetIntoTheGame.
Prohibited commercial uses shall include, without limitation:
i.the resale of access to the Website or any of the Services on
another website for the primary purpose of gaining advertising or
subscription revenue; and
ii.the redistribution of the Services (including any User Submissions
accessible through such Services) for the primary purpose of generating
revenue from a substantially similar or comparable business enterprise
to GetIntoTheGame.
F. you agree not to use or launch any automated system (including,
without limitation, any robot, spider or offline reader) that accesses
the Website in a manner that sends more request messages to the
GetIntoTheGame servers in a given period of time than a human can
reasonably produce in the same period by using a publicly available,
standard (i.e. not modified) web browser;
H. you agree not to collect or harvest any personal data of any
user of the Website or any Service (and agree that this shall be
deemed to include GetIntoTheGame account names);
I. you agree not to use the Website and the Services (including
the comments and email features in the Website) for the solicitation
of business in the course of trade or in connection with a commercial
enterprise;
J. you agree not to solicit, for commercial purposes, any users
of the Website with respect to their User Submissions; and
5.2 You agree that you will comply with all of the other provisions
of the Terms at all times during your use of the Services.
5.3 GetIntoTheGame grants the operators of public search engines
permission to use spiders to copy materials from the site for the
sole purpose of creating publicly available searchable indices of
the materials, but not caches or archives of such materials. GetIntoTheGame
reserves the right to revoke these exceptions either generally or
in specific cases.
5.4 GetIntoTheGame is constantly innovating in order to provide
the best possible experience for its users. You acknowledge and
agree that the form and nature of the Services which GetIntoTheGame
provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and
agree that GetIntoTheGame may stop (permanently or temporarily)
providing the Services (or any features within the Services) to
you or to users generally at GetIntoTheGame's sole discretion, without
prior notice to you. You may stop using the Services at any time.
You do not need to specifically inform GetIntoTheGame when you stop
using the Services.
5.6 You agree that you are solely responsible for (and that GetIntoTheGame
has no responsibility to you or to any third party for) any breach
of your obligations under the Terms and for the consequences (including
any loss or damage which GetIntoTheGame may suffer) of any such
breach.
6. Copyright policy
6.1 GetIntoTheGame operates a clear copyright policy in relation
to any User Submissions which are alleged to infringe the copyright
of a third party. Copyrighted material in all forms shall not be
used without prior permission of the copyright holder.
6.2 As part of GetIntoTheGame's copyright policy, GetIntoTheGame
will terminate user access to the Website if a user has been determined
to be a repeat infringer. A repeat infringer is a user who has been
notified of infringing activity more than twice.
7. Your User Submissions
7.1 As a GetIntoTheGame account holder you may submit content (collectively
referred to as "User Submissions"). You understand that
whether or not such User Submissions are published, GetIntoTheGame
does not guarantee any confidentiality with respect to any User
Submissions.
7.2 You retain all of your ownership rights in your User Submissions,
but you are required to grant limited licence rights to GetIntoTheGame
and other Website users. These are described in paragraph 9 of these
Terms (Rights you licence).
7.3 You understand and agree that you are solely responsible for
your own User Submissions and the consequences of posting or publishing
them. GetIntoTheGame does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and GetIntoTheGame
expressly disclaims any and all liability in connection with User
Submissions.
7.4 You represent and warrant that you have (and will continue
to have during your use of the Services) all necessary licenses,
rights, consents, and permissions which are required to enable GetIntoTheGame
to use your User Submissions for the purposes of the provision of
the Services by GetIntoTheGame, and otherwise to use your User Submissions
in the manner contemplated by the Website and these Terms.
8. Content of your User Submissions
8.1 You agree that you will not post or upload any User Submissions
which contain content which it is unlawful for you to possess in
the country in which you are resident, or which it would be unlawful
for GetIntoTheGame to use or possess in connection with the provision
of the Services.
8.2 You agree that you will not upload or post any User Submissions
that are subject to any third party proprietary rights (including
rights of privacy or rights of publicity), unless you have a formal
licence or permission from the rightful owner to post the material
in question and to grant GetIntoTheGame the licence referred to
in paragraph 9.1 below.
8.3 GetIntoTheGame reserves the right (but shall have no obligation)
to decide whether User Submissions comply with the content requirements
set out in these Terms and may remove such User Submissions and/or
terminate a User's access for any User Submission which is in violation
of these Terms at any time, without prior notice and at its sole
discretion.
8.4 You further understand and acknowledge that in using the Website
and the Services, you may be exposed to User Submissions that are
factually inaccurate, offensive, indecent, or otherwise objectionable
to you. You agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against GetIntoTheGame with
respect to any such User Submissions.
9. Rights you licence
9.1 When you upload or post a User Submission to GetIntoTheGame,
you grant:
A.to GetIntoTheGame, a worldwide, non-exclusive, royalty-free,
transferable licence (with right to sub-licence) to use, reproduce,
distribute, prepare derivative works of, display, and perform that
User Submission in connection with the provision of the Services
and otherwise in connection with the provision of the Website and
GetIntoTheGame's business, including without limitation for promoting
and redistributing part or all of the Website (and derivative works
thereof) in any media formats and through any media channels;
B.to each user of the Website, a worldwide, non-exclusive, royalty-free,
licence to access your User Submissions through the Website, and
to use, reproduce, distribute, prepare derivative works of, display
and perform such User Submissions to the extent permitted by the
functionality of the Website and under these Terms.
10. GetIntoTheGame content on the Website
10.1 With the exception of User Submissions, all other content on
the Website including, without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos and interactive features
on the Website (the "GetIntoTheGame Content") is either
owned by or licensed to GetIntoTheGame, and is subject to copyright,
trade mark rights, and other intellectual property rights of GetIntoTheGame
or GetIntoTheGame's licensors. Any third party trade or service
marks present on the GetIntoTheGame Content are trade or service
marks of their respective owners.
10.2 GetIntoTheGame Content may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purpose whatsoever without
the prior written consent of GetIntoTheGame, or GetIntoTheGame's
licensors. GetIntoTheGame reserves all rights not expressly granted
in and to the GetIntoTheGame Content.
11. Links from GetIntoTheGame
11.1 The Services may include hyperlinks to other web sites that
are not owned or controlled by GetIntoTheGame. GetIntoTheGame has
no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites.
11.2 You acknowledge and agree that GetIntoTheGame is not responsible
for the availability of any such external sites or resources, and
does not endorse any advertising, products or other materials on
or available from such web sites or resources.
11.3 You acknowledge and agree that GetIntoTheGame is not liable
for any loss or damage which may be incurred by you as a result
of the availability of those external sites or resources, or as
a result of any reliance placed by you on the completeness, accuracy
or existence of any advertising, products or other materials on,
or available from, such web sites or resources.
11.4 GetIntoTheGame encourages you to be aware when you leave the
GetIntoTheGame website and to read the terms and conditions and
privacy policy of each other website that you visit.
12. Ending your relationship with GetIntoTheGame
12.1 The Terms will continue to apply until terminated by either
you or GetIntoTheGame as set out below.
12.2 If you want to terminate your legal agreement with GetIntoTheGame,
you may do so by (a) notifying GetIntoTheGame at any time and (b)
closing your GetIntoTheGame account. Your notice should be sent,
in writing, to GetIntoTheGame's address which is set out at the
beginning of these Terms.
12.3 GetIntoTheGame may at any time, terminate its legal agreement
with you if:
A. you have breached any provision of the Terms (or have acted
in manner which clearly shows that you do not intend to, or are
unable to comply with the provisions of the Terms); or
B. GetIntoTheGame is required to do so by law (for example, where
the provision of the Services to you is, or becomes, unlawful);
or
C. GetIntoTheGame is transitioning to no longer providing the Services
to users in the country in which you are resident or from which
you use the Services; or
D. the provision of the Services to you by GetIntoTheGame is, in
GetIntoTheGame's opinion, no longer commercially viable.
12.4 When these Terms come to an end, all of the legal rights,
obligations and liabilities that you and GetIntoTheGame have benefited
from, been subject to (or which have accrued over time whilst the
Terms have been in force) or which are expressed to continue indefinitely,
shall be unaffected by this cessation, and the provisions of paragraph
16.6 shall continue to apply to such rights, obligations and liabilities
indefinitely.
13. Exclusion of Warranties
13.1 Nothing in the Terms shall affect any statutory rights which
you are always entitled to as a consumer and that you cannot contractually
agree to alter or waive.
13.2 The Services are provided "as is" and GetIntoTheGame
makes no warranty or representation to you with respect to them.
13.3 In particular GetIntoTheGame does not represent or warrant
to you that:
A. your use of the Services will meet your requirements,
B. your use of the Services will be uninterrupted, timely, secure
or free from error,
C. any information obtained by you as a result of your use of the
Services will be accurate or reliable, and
D. that defects in the operation or functionality of any software
provided to you as part of the Services will be corrected.
13.4 No conditions, warranties or other terms (including any implied
terms as to satisfactory quality, fitness for purpose or conformance
with description) apply to the Services except to the extent that
they are expressly set out in the Terms.
14. Limitation of Liability
14.1 Nothing in these Terms shall exclude or limit GetIntoTheGame's
liability for losses which may not be lawfully excluded or limited
by applicable law.
14.2 Subject to the overall provision in paragraph 14.1 above GetIntoTheGame
shall not be liable to you for:
A. any indirect or consequential losses which may be incurred by
you. This shall include any loss of profit (whether incurred directly
or indirectly), any loss of goodwill or business reputation, or
any loss of data suffered by you;
B .any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence
of any content, or as a result of any relationship or transaction
between you and any advertiser or sponsor whose advertising appears
on the Services;
ii. any changes which GetIntoTheGame may make to the Services, or
for any permanent or temporary cessation in the provision of the
Services (or any features within the Services);
iii. the deletion of, corruption of, or failure to store, any User
Submissions and other communications data maintained or transmitted
by or through your use of the Services;
iv. your failure to provide GetIntoTheGame with accurate account
information;
v. your failure to keep your password or GetIntoTheGame account
details secure and confidential.
14.3 The limitations on GetIntoTheGame's liability to you in paragraph
14.2 above shall apply whether or not GetIntoTheGame has been advised
of or should have been aware of the possibility of any such losses
arising.
15. General legal terms
15.1 The Terms constitute the whole legal agreement between you
and GetIntoTheGame and govern your use of the Services and completely
replace any prior agreements between you and GetIntoTheGame in relation
to the Services.
15.2 You agree that GetIntoTheGame may provide you with notices,
including those regarding changes to the Terms, by email, regular
mail, or postings on the GetIntoTheGame website.
15.3 You agree that if GetIntoTheGame does not exercise or enforce
any legal right or remedy which is contained in the Terms (or which
GetIntoTheGame has the benefit of under any applicable law), this
will not be taken to be a formal waiver of GetIntoTheGame's rights
and that those rights or remedies will still be available to GetIntoTheGame.
15.4 If any court of law, having the jurisdiction to decide on
this matter, rules that any provision of these Terms is invalid,
then that provision will be removed from the Terms without affecting
the rest of the Terms. The remaining provisions of the Terms will
continue to be valid and enforceable.
15.5 The Terms, and your relationship with GetIntoTheGame under
the Terms, shall be governed by English law. You and GetIntoTheGame
agree to submit to the exclusive jurisdiction of the courts of England
to resolve any legal matter arising from the Terms. Notwithstanding
this, you agree that GetIntoTheGame shall still be allowed to apply
for injunctive remedies (or other equivalent types of urgent legal
remedy) in any jurisdiction.
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