Game Jolt Terms of Use

Last revised: May 10, 2021

For questions or concerns regarding the use of personal information you submit to us, please visit our Privacy Policy or contact us at contact@gamejolt.com.

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.

Acceptance of Terms of Use and Amendments

Game Jolt Inc. ("Game Jolt," "we" or "us") owns, operates and maintains the gamejolt.com website, including, without limitation, all sub-pages (the "Site"), the Game Jolt desktop client software, mobile application, game API, and widgets (the "_Software_") (collectively, the "_Service_"). Each time you access, view or use the Service, you agree to be bound by these Terms of Use (these "Terms"), which may be amended from time to time. We will make commercially reasonable efforts to provide each user of the Service with notice of any amendment to these Terms, and we also will provide notice on the Service of any amendment to these Terms. Any amendment only will apply to your use of the Service on and after the date of the amendment. In addition, if you use or purchase any product or service through the Service, you also will be subject to any terms and conditions applicable to that product and service. If you do not agree with these Terms, you immediately should stop using the Service.

We reserve the right, at any time and from time to time, to modify or discontinue the Service or terminate your access to the Service with or without notice, charge fees in connection with the use of the Service, modify or waive any fees charged in connection with the Service, and offer opportunities to some or all users of the Service. You agree that we will not be liable to you for any modification or discontinuation of the Service or termination of your access to the Service, in whole or in part, or of any product or service, content or feature offered through the Service. Your continued use of the Service after such changes will indicate your acceptance of the changes.

The Service is available only to people who are of legal age to form a binding contract, and in no event may the Service be used by a person under the age of 13 without consent from such person's parent or legal guardian. The Service is owned, operated and maintained by Game Jolt from the United States of America, and Game Jolt does not represent or warrant that the Service is appropriate or available for use in any particular jurisdiction. You choose to access, view or use the Service on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

Our Service Generally

We endeavor to provide users of the Service with access to certain specialized content and services relating to video games and other products and services. We do not review, screen, edit or monitor all of the information or content submitted to the Service or make judgments about such information or content. While we attempt to provide useful information and content on the Service, you acknowledge that the information and content we use is reliant upon third-party data and contributions (such as contributions by independent video game developers or other users), that there are certain inherent limitations to the accuracy or currency of such information, that such information may be incomplete or may contain inaccuracies and that information on the Service may be outdated or contain errors, omissions or misinterpretations of information. Any person's access to or use of the Service is not an endorsement of that person by us or a guarantee of that person's identity, quality, pricing or availability.

We make no warranty as to the accuracy, completeness, or reliability of any such information. You are solely responsible for verifying the accuracy of any information you obtain from the Service before using such information. You agree to be solely responsible for your use of the Service and any information available through the Service.

Unless otherwise provided in a written agreement between Game Jolt and you, the Service and any information, products, or services made available through the Service are provided on an "AS IS," "AS AVAILABLE" and "AS MODIFIED FROM TIME TO TIME" basis. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery of information.

WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA OR INFORMATION THAT IS CONTRIBUTED TO THE SERVICE BY THIRD PARTIES, SUCH AS INDEPENDENT VIDEO GAME DEVELOPERS OR OTHER USERS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVERS OR ANY DATA OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product Requirements

Your use of the Service and any product or service available through the Service (collectively, the "Game Jolt Services") requires a compatible computer, Internet access (fees may apply) and certain software (fees may apply), and may require obtaining patches, updates or upgrades from time to time. Because your use of the Game Jolt Services involves hardware, software and Internet access (high speed Internet access is strongly recommended), your ability to use the Game Jolt Services may be affected by these factors. You are responsible for being aware of any particular system requirements of any specific product or service available through the Service and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase may or may not be found on the information page for each product or service. It is your responsibility to learn the system requirements prior to purchasing any product or service through the Service. Physical copies of products are not available. If you are having difficulty downloading a product or encounter any other issues with the purchase, download or activation of a product or service, you should contact us at contact@gamejolt.com.

Your Registration Obligations

To use the Service or certain parts or enhancements to the Service, you may be required to have a user account (your "Account"). In order to create an Account, you must be an adult and have the legal capacity to enter a contract in the jurisdiction where you live. If you are under the age of 18, your parent or legal guardian must create the Account, and consent to your use of the Service. Children under the age of 13 are not allowed to use the Service or to create an Account.

You agree to provide accurate information when establishing and updating your Account. You are responsible for maintaining the confidentiality of your password and keeping it secure, and you will be responsible for all usage of your Account and user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your Account, user name or password. In addition, you agree that you will never use another user's Account.

When you purchase a product or service through your Account, you may receive a unique download page. You will not, directly or indirectly, disclose the unique URL for your download page to anyone else or use anyone else's download page. You are solely and entirely responsible for all activities that occur on your download page. Game Jolt will not be responsible for any losses arising out of the unauthorized use of your download page.

We will not be liable for any loss or damage caused by the unauthorized use of your Account. However, you may be liable for our losses or the losses of others due to such unauthorized use. Although we have confidence in our security policies, their effectiveness relies upon your adherence to these Terms.

We reserve the right, in our sole discretion, to terminate or suspend your Account if we believe, or have been notified by a third party of its belief that, you may be infringing the rights of others, violating the copyrights or trademarks of others or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Service or to any product or service available through the Service for any reason or no reason, with or without notice. In the event of termination, your Account will be disabled, and you will not have access to your Account. You should be aware that, if your Account is terminated, we may not be able to grant you access to any purchased content or return your content to you, and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.

Payment and Delivery

Prices and Taxes. The price that you will pay for any product or service purchased through your Account will include the price of the product or service plus any applicable sales, use, value added or other taxes in effect on the time of purchase that Game Jolt is required to collect. Game Jolt may change prices and availability of products and services at any time. Game Jolt does not offer, and is not obligated to give, any refunds, price protection, or price matching in the event of a price reduction after your purchase of any product or service through the Service. If Game Jolt does not charge you for any applicable sales, use, value added or other taxes, you will not be relieved from your obligation to pay such taxes, and you must pay to the applicable taxing authority any taxes that may be due as a result of your purchase through your Account.

Payment Processors. The Service may use Stripe, PayPal, Amazon Payments or other third-party payment processors as may be indicated on the applicable purchase page. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. You agree to pay for all products and services that you purchase through the Service, and you hereby authorize Game Jolt to charge your chosen payment method for any products and services purchased and for any additional amounts due with respect to your Account (including, without limitation, any applicable taxes and late fees). Charges to your selected payment method will occur at the time of purchase. If you use the services of a third-party payment processor, you will be bound by that third party's terms and conditions, which are available on that third party's website. Game Jolt may change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.

Electronic Signatures. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE LEGALLY BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE LEGALLY BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Delivery of Products. On occasion, technical problems may delay, interrupt or prevent the download or activation of the product or service that you purchased through the Service. Your exclusive and sole remedy with respect to any product or service that is not downloadable or able to be activated within a reasonable period will be limited to either (a) the replacement of such product or service, (b) store credit, or (c) a refund of the purchase price paid, as determined by Game Jolt in its sole discretion. Game Jolt will have no liability for issues encountered with downloading, activating or using products or services due to factors beyond Game Jolt's control, including, without limitation, your computer's performance and the speed of your Internet connection.

Some products and services still may be in development when you purchase them. You understand that product or service release dates may be delayed and that release dates and times posted on the Service only are estimates. You will not be entitled to any refund for a delayed product or service release date. Our obligation to deliver any product or service to you will be complete at the time and place you first receive the information necessary to commence download or activation of such product or service. In all circumstances, it is your responsibility to ensure that a product or service is correctly and completely installed on your computer. Once a product or service is purchased and you receive the product or service, it is your responsibility to keep the product or service from being misplaced, damaged or destroyed, and Game Jolt will have no liability to you in the event of any loss, damage or destruction.

No Ongoing Obligations. Notwithstanding any other provision of these Terms, Game Jolt and its licensors reserve the right, without any liability to you, to change, suspend, remove or disable access to any product or service sold or made available through the Service at any time without notice. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any product or service (although Game Jolt may offer such updates, versions or enhancements at its sole discretion).

Customer Service

Assistance with Orders. For assistance with billing questions or other order inquiries, please email us at contact@gamejolt.com.

Refund Policy. All sales on the Service are final. Certain restrictions apply to sales of products and services sold or made available through the Service that might not otherwise apply to physical goods. Game Jolt does not offer refunds unless there is a defect in the product or service itself that prevents you from launching the product or service, and in such cases the refund period will be limited to 3 days following your purchase. Refunds will not be issued due to your dissatisfaction with the product or service or if your computer does not meet the minimum product or service requirements. Refunds will be issued solely at Game Jolt's discretion. If you think you qualify for a refund, please email us at contact@gamejolt.com. More than 3 days after a purchase, it is no longer possible for us to issue refunds on purchases through third-party payment processors, so you should contact us as soon as possible with refund inquiries.

Game Jolt Content

All content on this Service (except for User Content, as defined below), including, without limitation, art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, service marks, trade dress, trade names, logos, product and character names, slogans and the compilation of any of the foregoing (collectively, the "Content"), is the property of Game Jolt and/or its licensors and is protected in the United States and internationally under trademark, copyright and other intellectual property laws. For information about content posted by end users, such as you, please refer to "_Ownership of User Content and License_" below. Certain Content that is not owned by Game Jolt is the property of the third parties that market or license that Content to Game Jolt.

Game Jolt assumes no responsibility regarding the accuracy of the Content, and your use of the Content is at your own risk. Game Jolt provides no assurances that any reported inaccuracies in any Content can or will be resolved. By furnishing the Content, Game Jolt does not grant any licenses to any copyrights, patents, trademarks, service marks, trade dress, trade names or any other intellectual property rights. You agree not to display or use any Content in any publication, in any public performance, for any commercial purpose, in connection with any product or service that is not supplied by Game Jolt or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Game Jolt and/or its licensors, that dilutes the strength of Game Jolt's or its licensors' property or that otherwise infringes Game Jolt's or its licensors' intellectual property rights. You further agree to in no other way misuse any Content.

Posting Rules

On certain areas of the Service, you may be allowed to create an Account and, through that Account or otherwise, you may be able to chat with other users and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including, without limitation, through the posting of games) and other materials and content (collectively, "User Content"). Your posting of User Content is subject to these Terms and the following posting rules (the "Posting Rules"). Users found in violation of the Posting Rules or these Terms may have their Accounts terminated by Game Jolt or otherwise may have their access to the Service restricted by Game Jolt.

No Illegal or Infringing Content or Conduct. You understand and acknowledge that you are responsible for your User Content, and you agree not to post any User Content that is unlawful, tortious, defamatory, libelous or invasive of the privacy of another person. If you post any User Content that is obscene, threatening, harassing, abusive, hateful, racist, infringing or otherwise objectionable or inappropriate (collectively, "Obscene Content"), you must correctly tag the User Content as such through the different tagging mechanisms made available by Game Jolt, so that other Users may avoid viewing that content if they choose. If you tag any User Content that contains Obscene Content incorrectly or not at all, the User Content may be removed from the Service and your Account may be terminated. You agree that you will not post any Obscene Content to the Service's public message boards or chat rooms and that you will not submit false or harassing reports or complaints to Game Jolt about other End Users. You acknowledge and agree that the decision to classify any User Content as Obscene Content is solely at Game Jolt's discretion.

No Violations of Third Party Rights. You agree that you will not post any User Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including, without limitation, the personnel of Game Jolt. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.

No Commercial Use. This Service is intended to allow for information exchanges and for users to express their opinions. You agree that, unless specifically permitted by Game Jolt in writing, you will not post any User Content that contains business solicitation of any type, including, without limitation, advertising a product or service, offering a product or service for sale or directing readers to a location for more information about a product or service. Notwithstanding the foregoing, you may submit games that advertise a specific product or service, provided that the User Content otherwise conforms to the Posting Rules and these Terms.

No Viruses, Corrupting Files, Interference or Cheat Software. You agree that you will not post any software, files or links to other sites, except as may be specifically permitted by Game Jolt in writing, and that you will not post any User Content that contains viruses, corrupted files or any other similar software or programs that may adversely affect the operation of the Service or any feature of the Service. You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at the Service or elsewhere, and you will not use robots, spiders or other means to cheat in online games at the Service or otherwise engage in fraudulent activity such as "click fraud."

Account Information. You may not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently. You will be solely responsible for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful. If you believe that your Account password or username is compromised, you agree to notify Game Jolt immediately.

Other Restrictions. You agree that you will not engage in any of the following prohibited activities: (a) copying or distributing any part of the Service in any medium, including, without limitation, by any automated or non-automated "scraping"; (b) using any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., to access any part of the Service in a manner that sends more request messages to Game Jolt servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running any part of the Service; (e) taking any action that imposes, or may impose in our sole judgment, an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms or other software agents through any part of the Service; (g) collecting or harvesting any personally identifiable information, including, without limitation, account names and addresses, from any part of the Service; (h) interfering with the proper working of the Service; (i) accessing any Content through any technology or means other than those provided, authorized or reasonably contemplated by the Service; or (j) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content.

Responsibility of Postings. You understand and acknowledge that User Content is solely your responsibility and that Game Jolt is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Game Jolt, and Game Jolt does not endorse and has no control over User Content. User Content is not necessarily reviewed by Game Jolt prior to posting, and Game Jolt makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.

No Monitoring/Violation Notices. Game Jolt does not necessarily monitor any materials posted, transmitted or communicated to or within the Service. If you believe that something on the Service violates these Posting Rules or otherwise violates these Terms, you may send an email to contact@gamejolt.com.

Account Termination/No Ownership of Account. You understand and agree that you have no ownership rights in your Account. Game Jolt may cancel your Account and delete all User Content associated with your Account at any time and without notice if Game Jolt believes that you have violated the Posting Rules, these Terms or any law or for any other reason or no reason at all. Game Jolt assumes no liability for any information removed from the Service, and Game Jolt reserves the right to permanently restrict access to the Service or an Account.

No Confidentiality. The nature of the Service is interactive and public, although your Account may allow you to keep certain User Content hidden from public view. By making your User Content available in the Service's public areas, you understand and acknowledge that any materials, ideas or other communications that you transmit will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other materials you transmit to Game Jolt may be used by Game Jolt anywhere, anytime and for any reason whatsoever, subject to the terms of the User Content License described in "_Ownership of Posted Content and License_" below.

Ownership of Posted Content and License

After posting your User Content to the Service, you will continue to retain your ownership rights in such User Content, and you will continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described below (the "User Content License"). Game Jolt may delete any User Content that, in Game Jolt's sole discretion, violates these Terms or the Posting Rules.

Scope of License. By displaying, publishing or otherwise posting any User Content on or through the Service, you hereby grant to Game Jolt and its successors and assigns a perpetual, non-exclusive, worldwide, fully-paid, royalty free right and license to use, reproduce, distribute, make available, publicly display, publicly perform, transmit, host, broadcast and stream such User Content.

Representations. You represent and warrant to Game Jolt and its successors and assigns that (a) you own the User Content displayed, published or posted by you on the Service; (b) you have the right to grant the User Content License set forth in these Terms and (c) the displaying, publishing or posting of your User Content (or any use of your User Content consistent with the User Content License) will not violate the privacy rights, publicity rights, copyrights, trademarks, service marks, trade dress, trade names, patents, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Service. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any User Content appearing on the Service.

Feedback. If you provide us with any request, suggestion or feedback regarding the functionality and performance of the Game Jolt Services (including, without limitation, identifying potential errors and improvements), you hereby assign to Game Jolt all right, title and interest in and to such request, suggestion or feedback, and Game Jolt will have the right to use, implement and modify such request, suggestion or feedback without any payment or restriction.

Objectionable Material

You understand that, by using the Game Jolt Services, you may encounter Content that may be deemed mature, offensive, indecent or objectionable; that may or may not be identified as having explicit language or adult themes and that may be due to the Content of a specific product or service or your interactions with other End Users in the course of using the Service. You agree to use the Service at your sole risk and that Game Jolt will have no liability to you for any Content that may be found to be mature, offensive, indecent or objectionable.

If you are a copyright or trademark owner (or an agent of a copyright or trademark owner), and you believe that your copyright or trademark rights have been violated by any posting, submission or other content on the Service, please go to our Proprietary Rights Complaint Process page and follow the instructions in that area.

Alternatively, you may submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the URL of the location on our website containing the material that you claim is infringing;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Game Jolt a counter-notice. Notices and counter-notices must meet the statutory requirements imposed by 17 USC § 512. Notices and counter-notices with respect to the Service should be sent to Game Jolt's Copyright Agent. The Game Jolt copyright agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that infringement is occurring through use of the Service. Please note that these notifications and counter-notifications are legal notices. Game Jolt may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices and counter-notices.

Our Copyright Agent can be reached by mail at: Game Jolt Inc., ATTN: IP Agent, 50 N. Linden Rd. #563, Hershey, PA 17033; or by email at ipagent@gamejolt.com.

Indemnification

You agree to indemnify, defend and hold harmless Game Jolt and its affiliates and their respective owners, directors, officers, managers, employees, agents, contractors, advertisers and partners from any claim or demand, including, without limitation, reasonable attorney fees, that may be asserted or filed by any third party, arising out of or relating to your use of the Service or any product or service available through the Service, your submission or provision of User Content to the Service, your violation of these Terms or any other violation by you of the rights of another person or party.

Privacy

As a condition to using the Service, you agree to the terms of our Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy may be updated from time to time. You agree that we may access or disclose your personal information, including, without limitation, the content of your communications, if we are required to do so to comply with any legal process or governmental request, or as otherwise provided in the Privacy Policy or these Terms. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK.

The Service contains links to third-party websites. These links are provided as a convenience to you and not as an endorsement by us of such third-party websites. We are not responsible for the content of linked third-party websites and do not make any representations regarding the content or accuracy of the materials on such websites. Information you submit at a third-party website is subject to the terms of that website's privacy policy, and Game Jolt has no control over how your information is collected, used or otherwise handled. If you decide to access linked third-party websites, YOU DO SO AT YOUR OWN RISK.

In addition, the products and services of third parties may be advertised or made available through the Service. Representations made regarding such products and services will be governed by the policies and representations made by such third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN GAME JOLT AND YOU, YOU UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "AS MODIFIED FROM TIME TO TIME" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAME JOLT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(B) GAME JOLT DOES NOT WARRANT THAT (I) THE SERVICE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE OR OF ANY QUALITY; (III) THE QUALITY OF ANY PRODUCT, SERVICE, DATA OR OTHER INFORMATION PURCHASED, ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE WILL BE CORRECTED.

(C) IF YOU DOWNLOAD OR OBTAIN ANY CONTENT THROUGH THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU SOLELY WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE.

(D) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM GAME JOLT OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN GAME JOLT AND YOU, YOU UNDERSTAND AND AGREE THAT GAME JOLT WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAME JOLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR INABILITY TO USE THE SERVICE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE; (B) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA OR TRANSMISSIONS; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Game Jolt and its affiliates shall be limited to the fullest extent permitted by law.

Choice of Law; Jurisdiction; Forum

These Terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to its conflict of laws provisions. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods will not apply to these Terms. Except as provided in the section entitled Binding Arbitration below (and claims proceeding in any small claims court), you agree that any claim, legal proceeding or litigation arising in connection with your use of the Service, your Account or any product or service obtained through the Service will be brought exclusively in or near Dauphin County, Pennsylvania, and you consent to the exclusive jurisdiction of the federal and state courts in or near Dauphin County, Pennsylvania. You are responsible for compliance with all local laws if and to the extent local laws are applicable.

Binding Arbitration

(a) Arbitration Procedures. You and Game Jolt agree that, except as provided in Section (d) below, all disputes, controversies and claims related to this Agreement (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.

Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Game Jolt may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND GAME JOLT WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

(b) Location. The arbitration will be conducted in King County, Washington, unless the parties agree to video, phone and/or internet connection appearances.

(c) Limitations. You and Game Jolt agree that any arbitration shall be limited to the Claim between Game Jolt and you individually. YOU AND GAME JOLT AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

(d) Exceptions to Arbitration. You and Game Jolt agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Game Jolt's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

(f) Severability. You and Game Jolt agree that if any portion this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable, then neither you nor Game Jolt will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within King County, State of Washington, United States of America, and you and Game Jolt agree to submit to the personal jurisdiction of that court.

Miscellaneous

You may not assign your rights or delegate your obligations under these Terms without our prior written consent. You acknowledge and agree that no partnership is formed between you and Game Jolt by virtue of these Terms, and neither party has the power or the authority to obligate or bind the other. Unless expressly provided in these Terms, these Terms are not intended to benefit, and are not deemed to give rise to, any rights in any third party. The waiver by us of a breach of any provision of these Terms will not be taken or held to be a waiver of the provision itself. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect. You hereby agree that Game Jolt would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we are entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

You agree that Game Jolt is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Game Jolt, including without limitation any failure to perform under this Agreement due to unforeseen circumstances or cause beyond Game Jolt's control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

You agree that we may provide you with notices, including notices regarding changes to these Terms, by email, regular mail or postings on the Service. Any communication or notice that you provide to us will be provided by email at contact@gamejolt.com.

Any software that may be available in connection with the Service is further subject to U.S. export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.

These Terms constitute a legally binding agreement between you and Game Jolt, and these Terms are accepted by you upon your use of the Service or your creation of your Account.