AGREEMENT TO TERMS OF USE
Welcome to the GameDu Tech website (the “Site”) by IPG Mediabrands. This Terms of Use Agreement (“Agreement”) establishes the agreement between IPG Mediabrands (“Company” or “we”) and each user (“You” or “user”), governing your use of the Site. Please read this Agreement carefully before using the Site. By using this Site, you agree to the terms and conditions outlined in this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not access or use this Site.
We may, at our sole discretion, modify this Agreement with or without notifying You. The “Last Updated” date at the bottom of this Agreement will indicate when the last modifications were made. By continuing to access and use this Site after this Agreement has been modified, You consent to such modifications.
Therefore, You should review this Agreement each time You decide to use the Site. Additionally, when using specific services or features, You may be subject to additional posted guidelines or policies applicable to such services or features, which may be posted from time to time. All such guidelines or policies are included herein by reference in this Agreement.
The use of this Site is subject to the terms of our Privacy Policy, hereby included and part of this Agreement. Please read our Privacy Policy carefully.
By using this Site, You agree to the terms of our Privacy Policy. We reserve the right, and You authorize us, to use information related to Your use of this Site and any other personal information provided to us, in accordance with our Privacy Policy.
You acknowledge that all materials on the Site, including the design, graphics, text, sounds, images, software, and other files, and the selection and arrangement of the Site (collectively, the “Materials”), are the property of the Company and its licensors and are subject to and protected by the copyright laws of the United States and international rights and other intellectual property laws. All rights to the Materials not expressly granted in this Agreement are reserved to their respective intellectual property owners. Unless expressly authorized by this Agreement or the Site, You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use the Materials in any form or medium without the prior written consent of the Company or the corresponding owner of intellectual property rights. You are authorized by the Company to view and download the Materials for personal and non-commercial use only, provided that You keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way, nor use them for public or commercial purposes. Trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) appearing or described on this Site (including, but not limited to, IPG Mediabrands) are the exclusive property of the Company and/or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written consent of the Company and/or its licensors. Likewise, all page headers, custom graphics, button icons, and scripts are Marks of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written consent of the Company. The Company will enforce its intellectual property rights as permitted by law.
Links on the Site to other third-party websites are provided for Your convenience. If You use these links, You will leave the Site automatically. The Company does not control or endorse any third-party website. You agree that the Company and its affiliates will not be responsible for the content, products, or services provided on or through these external websites, nor for Your use or inability to use such websites. You use these links at Your own risk. You are informed that other websites on the Internet, including third-party websites with links on this Site, may contain material or information considered offensive or inappropriate by some people, or that may be inaccurate, incorrect, misleading, or false; or defamatory, infringing on the rights of others, or unlawful. The Company expressly disclaims any responsibility for such content, legitimacy, decency, or accuracy of such information, or for the products and services that appear on any third-party website.
Notwithstanding the foregoing, any correspondence or business dealings You have, or participation in promotions with advertisers on or through the use of this Site, including the payment and delivery of the corresponding services and products, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. You agree that the Company and its affiliates will not be responsible for any loss or damage of any kind incurred as a result of such dealings, or as a result of the presence of such advertisers on the Site.
You expressly understand and agree that:
Your use of the Site is at Your sole risk. The Site and the materials contained therein are provided “as is” and “as available.” Unless otherwise stated in this Agreement, the Company and its affiliated companies and their respective officers, directors, employees, and other representatives (collectively, the “Company and its affiliates”) expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Unless otherwise stated in this Agreement, the Company and its affiliates do not warrant that (i) the Site will meet Your expectations, (ii) the Site will not be interrupted, timely, secure, or error-free, (iii) the results that may be obtained through the use of the Site will be accurate and reliable, (iv) the quality of the services, information, or other materials obtained by You through the Site will meet Your expectations, and (v) any Site error will be corrected. All materials downloaded or obtained through the use of the service are done at Your sole risk, and You are responsible for any damage to Your computer system or loss of data that may result from the download of any material. No notice or information, whether written or oral, obtained by the Company and its affiliates about You on or through the Site shall create a warranty not expressly stated in this Agreement.
The Company and its affiliates shall not be liable under any circumstances for damages of any kind that arise or are related to the use of or inability to use the Site, including all liability (i) as a publisher of information, (ii) for any incorrect or inaccurate information, (iii) for any unauthorized access or disclosure of Your data transmission, (iv) for statements or conduct of third parties on the Site, or (vii) for any other matter related to the Site or another third-party website. This limitation of liability is comprehensive and applies to all damages of any kind, including direct, indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, loss of image, loss of use, loss of data, cost of obtaining substitute products, services, or information, litigation, or the like), whether for breach of contract, warranty breach, tort (including negligence), or otherwise, even if a person were notified of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the transaction between the Company and You. The information and services offered on or through the
Site would not be provided without such limitations. Notwithstanding the foregoing, the total and exclusive liability of the Company and its affiliates for any cause, and the exclusive remedy for any cause or claim of any kind, shall be limited to the amount You pay to the Company on this Site.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Additionally, some of the foregoing disclaimers and limitations may not apply to You. In such jurisdictions, exclusions and liability are subject to the law.
