Terms of Service
The Vancouver Gamers Guild Terms of Service Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH The Vancouver Gamers Guild OFFERS YOU ACCESS TO OUR SERVICES:
We may amend the Agreement at any time or times by posting the amended terms on our web site. All amended terms shall automatically be effective 30 days after they are initially posted on our web site. This Agreement is effective for all users of our services.
We provide our users with a variety of resources to facilitate arranging meetings between people with shared interests. While anyone from any country with access to the internet may access our web site and participate in our topic groups, certain of our services are available only to those of our users who are located in, or who travel to, specific cities in
2.1 Eligibility. Our web site and other services are available to all individuals who are over the age of 14. However, we do not collect age data from our users and therefore rely on our users to voluntarily comply with this age restriction. Nonetheless, our web site and other services are not available to temporarily or indefinitely suspended Vancouver Gamers Guild users. If you do not qualify, please do not use our web site and other services. In the event that we create areas on our web site that contain adult or mature content, you acknowledge and agree that (a) you must be at least eighteen (18) years of age to access and view such areas, and (b) you will not access and view such areas unless you are at least age eighteen (18). Also, you acknowledge and agree to only consume alcohol while attending a Vancouver Gamers Guild meeting (as defined in Section 5.1) if you are legally permitted to do so under the laws of the city and country in which The Vancouver Gamers Guild occurs.
We have the right to suspend or terminate your use of our web site or other services and refuse any and all current or future use of all or any portion of our web site or other services.
2.2 Password and Security. When you complete our registration process you will receive a password that will enable you to access our services. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that The Vancouver Gamers Guild cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.
2.3 Fees. Access to our web site and use of selected features of our services is free. We may, in our sole discretion, change this policy and begin charging for access to our web site, and we may, in our sole discretion, add, remove or change the services we offer at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, we will revise this Agreement and the amended terms shall automatically be effective thirty (30) days after they are initially posted on our web site, as provided above.
3. Your Information
3.1 Definition. "Your Information" is defined as any information or other material you provide to us (directly or indirectly) in the registration process or through the use of our services, in any public message area (including the personal introduction section of each topic group, or paid services of the The Vancouver Gamers Guild website) or through e-mail. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of our services or otherwise, you submit or make available for inclusion on publicly accessible areas of our web site is referred to as "Public Information"; any other portion of Your Information shall be referred to as "Private Information.""Publicly accessible" areas of our web site are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
3.2 Restrictions. In consideration of your use of our services, you agree that Your Information:(a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current e-mail address, both at the time of your registration with us and from time to time as your e-mail address changes.
You agree that your membership profile, The Vancouver Gamers Guild notebook, uploaded pictures, or any other portions of the website reserved solely for member use may not be used for commercial activity, sales of goods or services, or promotion of a company, good, or service.
Without limiting our other remedies, The Vancouver Gamers Guild may suspend or terminate your ability to use our services if we suspect that you are not in compliance with this Section. Termination of services due to non-compliance with this section will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
3.5 Consent to Disclosure. You acknowledge and agree that The Vancouver Gamers Guild may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on our web site, (b) enforce this Statement or the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of The Vancouver Gamers Guild, its users and the public.
4. Use of Services
4.1 Control. You, and not The Vancouver Gamers Guild, are entirely responsible for all of your Public Information that you upload, post, e-mail, transmit or otherwise make available via the web site and our services. We do not control your Public Information or the public information of other users and do not guarantee the accuracy, integrity or quality of your Information or the information of other users. You understand that by using our web site and services, you may be exposed to information that is offensive, indecent or objectionable. You agree that under no circumstances will The Vancouver Gamers Guild be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the information of other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or information of other users posted, e-mailed, transmitted or otherwise made available in connection with our web site and services.
4.2 Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate repeal and/or suspension of your account:
(a) The use of our web site and services to:
(i) harm another person in any way;
(ii) impersonate any person (including The Vancouver Gamers Guild staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar e-mail addresses, nicknames or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) "stalk" or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial web sites that is not appropriate to the interests of the Vancouver Gaming Guild, including offers to trade or charitable solicitations; or
(vi) collect or store personal data about other users;
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private e-mails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow The Vancouver Gamers Guild staff instruction or direction; or
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, and any regulations having the force of law.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our web site. The Vancouver Gamers Guild reserves the right to remove any post or other material without warning or further notice.
For purposes of this Agreement, "posting" includes uploading, posting, e-mailing, transmitting or otherwise making available. Without limiting the foregoing, The Vancouver Gamers Guild and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
4.3 Interference with Services. You agree that you will not:
(a) upload, post, e-mail, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our web site (except for Your Information), or create derivative works from our web site (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of The Vancouver Gamers Guild or any other third party, except with the prior written consent or the consent of The Vancouver Gamers Guild or the appropriate third party.
4.4 General Practices Regarding Use of Services. You acknowledge and agree that we may establish general practices and limits concerning the use of our web site and services. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
5. Meetings at Venues
5.1 The Vancouver Gamers Guild Meetings. Through our services we provide tools that enable our users to arrange physical meetings (a "Vancouver Gamers Guild Convention" or "Game Day") at venues that include, but are not limited to, public parks or private enterprises (such as coffee shops or retail stores). We do not supervise Game Days and are not involved in any way with the actions of any individuals at these meetings. As a result, we have no control over the identity or actions of the individuals who are present at Game Days, and we request that our users exercise caution and good judgment when attending these Game Days.
5.2 Release. Because we do not supervise the Vancouver Gamers Guild MEETINGS between users and other persons, and because we are not involved in any way with physical transportation to or from these The Vancouver Gamers Guilds or with the actions of any individuals at these The Vancouver Gamers Guilds, you agree to release The Vancouver Gamers Guild (and our officers, directors, shareholders, agents, employees, affiliates and subsidiaries) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transportation to or from, attendance at, or the actions of you or other persons at, a Vancouver Gamers Guild GAME DAY OR CONVENTION.
6.2 Use of Pop-up Windows. The Vancouver Gamers Guild will not launch pop-up windows to advertise third-party products or services.
6.3 Other Users. We do not control the information provided by other users which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our web site. Please note that is a risk that you may be dealing with underage persons or people acting under false pretense.
We may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such web sites or resources, you acknowledge and agree that we are not responsible for the availability of such web sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You also acknowledge and agree that The Vancouver Gamers Guild shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or resource.
9. Dealings with Marketing Partners and Third Parties
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our web site or through our services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that The Vancouver Gamers Guild shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our web site or located through the use of our services.
You agree to indemnify and hold us and (as applicable) our officers, directors, shareholders, agents, employees, affiliates and subsidiaries, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your use of our web site or services, Your Information, your violation of any law or the rights of a third party, or your participation in The Vancouver Gamers Guild meetings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at The Vancouver Gamers Guild meetings).
11. Warranties; Liability
11.1 Disclaimer of Warranties. Your use of our web site and services is at your sole risk. Our web site and services are provided to you "as is" and on an "as available" basis. The Vancouver Gamers Guild specifically disclaims all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from The Vancouver Gamers Guild shall create any warranty not specifically stated in this Agreement.
11.2 Limitation of Liability. You agree that in no event shall The Vancouver Gamers Guild be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Vancouver Gamers Guild has been advised of the possibility of such damages), arising out of or in connection with our web site, our services or this Agreement or the inability to use our web site or our services (however arising, including negligence), or arising out of or in connection with transportation to or from The Vancouver Gamers Guild meetings, attendance at The Vancouver Gamers Guild meetings, and the actions of you or others at The Vancouver Gamers Guild meetings. Our liability to you or any third parties in any circumstance is limited to the lesser of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100.
11.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 11 may not apply to you.
12. Dispute Resolution
12.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our web site or services, Your Information, your violation of any law or the rights of a third party, or your participation in The Vancouver Gamers Guild meetings (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at The Vancouver Gamers Guild meetings). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. "JAMS"), or its successor, for mediation pursuant to Section 12.3, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 12.4. Nonetheless, legal action taken by The Vancouver Gamers Guild to collect any fees and/or recover damages for, or obtain an injunction relating to, our web site operations, intellectual property or our services, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by The Vancouver Gamers Guild. In addition, either you or The Vancouver Gamers Guild may seek any interim or preliminary relief from a Court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or The Vancouver Gamers Guild pending the completion of arbitration.
12.2 Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
12.3 Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
12.4 Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 12.2 and 12.3 shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
12.5 Enforcement. The provisions of Sections 12.3 and 12.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
12.6 Notice; Waiver. By agreeing to this Agreement you have, except as otherwise specified in Section 12.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 12, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our web site and services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of the web site or services.
14. Termination; Breach
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend or terminate your account or your ability to use all or any portion of our web site and services, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our web site and services. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the web site and services.
15. Trademarks; Copyrights; Proprietary Rights
15.1 The Vancouver Gamers Guild's Trademarks. The Vancouver Gamers Guild trademarks and service marks, and other The Vancouver Gamers Guild logos, products and service names, are trademarks of The Vancouver Gamers Guild Inc. ("The Vancouver Gamers Guild Trademarks"). You agree not to display or use in any manner The Vancouver Gamers Guild Trademarks without The Vancouver Gamers Guild's prior written consent. Nonetheless, The Vancouver Gamers Guild's written consent shall not be required if your display or use of the The Vancouver Gamers Guild Trademarks constitutes noncommercial use, news reporting or news commentary.
15.2 Copyrights and Trademarks of Others. The Vancouver Gamers Guild respects the intellectual property of others, and we ask our users to do the same. To the extent The Vancouver Gamers Guild uses a trademark that is the property of a third party, The Vancouver Gamers Guild shall provide clear notice to anyone viewing The Vancouver Gamers Guild's use of that trademark that (a) The Vancouver Gamers Guild does not own the trademark and that the trademark is the property of a third party, (b) The Vancouver Gamers Guild has no affiliation, connection or association with that third party, and (c) that third party has not approved or sponsored The Vancouver Gamers Guild's use of the trademark in any way. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, please provide notice of such violation(s) to The Vancouver Gamers Guild as provided in Section 17.1.
15.3 Proprietary Rights. You acknowledge and agree that our web site and our services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our web site and services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by The Vancouver Gamers Guild or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our web site or services, in whole or in part.
16. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of The Vancouver Gamers Guild's web site or services, use of the web site or services, or access to the web site or services.
17. Additional Terms
17.1 Notices. Except as otherwise stated, any notice to us shall be given by certified postal mail to The Vancouver Gaming Guild, Attn:Legal Department, 1015 W 13th Ave Vancouver BC Canada V6H 1N1, or by e-mail to www.vancouvergamingguild.com/privacy.html, and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
17.3 Entire Agreement. This Agreement constitutes the entire agreement between you and The Vancouver Gamers Guild, superceding any prior agreements between you and The Vancouver Gamers Guild.
17.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and The Vancouver Gamers Guild is intended or created by this Agreement.
17.5 Governing Law. This Agreement and the relationship between you and The Vancouver Gamers Guild shall be governed by the laws of the Province of British Columbia without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within British Columbia between British Columbia residents. You and The Vancouver Gamers Guild agree to submit to the personal and exclusive jurisdiction of the courts located within the province of British Columbia.
17.6 Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by The Vancouver Gamers Guild, in our sole discretion, to one or more third parties in the event of a merger or acquisition.
17.7 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our web site may be interfered with by numerous factors outside of our control.
17.8 No Waiver. The Vancouver Gamers Guild's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
17.9 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and The Vancouver Gamers Guild nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
17.10 Survival. Sections 3.3 (License), 4.3 (Interference with Services), 5.2 (Release), 10 (Indemnity), 11 (Warrants; Liabilities), and 12 (Dispute Resolution) shall survive any termination or expiration of this Agreement.
17.11 Limitation. You and The Vancouver Gamers Guild each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our services or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
17.12 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
18. Disclosures; Violations
The services under this Agreement are offered by The Vancouver Gamers Guild, Vancouver, Canada. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of The Vancouver Gamers Guild by postal mail or e-mail, as follows:
The Vancouver Gaming Guild
1015 W 13th Avenue
Canada V6H 1N1
* * *
By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement, including Section 12 which provides that, except as otherwise specified in Section 12.1, all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration.
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