Terms of Service

1. Your Acceptance

A) By using the Gamer Institute website, in particular products, software, data feeds and services provided to you on, from, or through the Gamer Institute website (collectively the “Service”) you signify agreement to 1) these general terms and conditions and 2) Gamer Institute’s privacy policy at http://www.gamerinstitute.com/support/privacy. If you do not agree to these terms or documents mentioned above, please do not use the Service. The Service is provided by Gamer Institute Pty Ltd, ABN 90150469873 of Australia, which, along with its products and services, is referred to as “GI” in this document.

B) Although we may attempt to notify you when major changes are made to this TOS, you should periodically review the most up-to-date version online at http://www.gamerinstitute.com/support/terms. GI may, in its sole discretion, modify or revise these TOS and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this TOS shall be deemed to confer any third-party rights or benefits.

2. Service

A) These TOS apply to you in creating, producing and publishing non-video content. Video content creation, production and publishing is covered by the Video Contributor Agreement. Viewing and usage of all content is covered in these TOS. “Content” therefore includes video (for the purpose of viewing), text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.

B) The “Service” includes all aspects of GI, including but not limited to all products, software and services offered via the GI website, such as all GI game sections, corporate pages, any GI provided applications to enable your use of the Service and to share and publish GI Content on third-party websites, referred to as “Sharing”.

C) The Service may contain links to third party websites that are not owned or controlled by GI. GI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GI will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve GI from any and all liability arising from your use of any third-party website. As such, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

3. GI Accounts and Content

A) In order to access most features of the Service, you will have to create a GI account. You may never use another person’s account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GI immediately of any breach of security or unauthorized use of your account.

B) Although GI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GI or others due to such unauthorized use.

4. General Use of the Service—Permissions and Restrictions

GI hereby grants you permission to access and use the Service as set forth in this TOS, provided that:

A) You agree not to distribute any content published on any part of GI (other than specified below in section 4B) in any medium without GI’s prior written authorization, unless GI makes available the means for such distribution through functionality offered by the Service (ie Sharing).

B) Excluding any video you have created and uploaded for publishing on GI, you may redistribute any other content you have created and published on GI at your own discretion, unless licenses or rights have been agreed in writing for any specific content outside these general TOS. This includes blogs, forum posts and comments.

C) You agree not to alter or modify any part of the Service.

D) You agree not to access video content through any technology or means other than the video playback pages of the Service itself, or other explicitly authorized means GI may designate.

E) You agree not to use the Service for any of the following commercial uses unless you obtain GI's prior written approval:

  • the sale of access to the Service;
  • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
  • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service

F) If you use Sharing on your website, you may not modify, build upon, or block any portion or functionality (including where an official GI embedded video player is available), including but not limited to links back to the GI website. You may not provide subscription paid content outside of paid access within the GI website itself.

G) You agree not to use or launch any automated system, including without limitation, "robots," "spiders,", “scrapers” or "offline readers," that accesses the Service in a manner that sends more request messages to the GI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GI grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

H) In your use of the Service, you will comply with all applicable laws.

I) GI reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

A) The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to GI, subject to copyright and other intellectual property rights under law.

B) Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. You shall not download any Content unless you see a “download” or similar link displayed on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of GI. GI reserves all rights not expressly granted in and to the Service and the Content.

C) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

D) You understand that when using the Service, you will be exposed to Content from a variety of sources, and that GI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against GI with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless GI, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Your Content and Conduct

A) As a GI user, you may submit Content to the Service, for example blogs, user comments, forum postings. Video content creation, submission and publication is covered in the Video Contributor Agreement document. Content posted by you may be subject to GI editor moderation for quality assurance and suitability purposes. You agree to work with or accept GI representatives’ modification of any content under these circumstances.

B) Any content published on GI can, under no circumstances be used for purposes not described in Section 4 of this agreement. GI has discretion to publish, modify and distribute content subsequently following publication, including all electronic and physical means. GI will ensure at all times, in the replication of Content, reference the creator of any content component used for its marketing and promotional purposes.

C) You also grant GI a permanent irrevocable license to update, alter and publish your content in any form. This license includes rights to change and publish wording, formatting and look & feel changes where necessary. Such updates will be conducted with best faith and GI will take care to limit the impact on the intended sentiment of you, the content originator.

D) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to GI all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to this Agreement.

E) You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant GI all of the license rights granted herein.

F) You further agree that you will not submit to the Service any Content or other material that may be offensive to the GI community, or contrary to applicable local, national, and international laws and regulations.

G) GI does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and GI expressly disclaims any and all liability in connection with Content. GI does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and GI will remove all Content if properly notified that such Content infringes on another's intellectual property rights. GI reserves the right to remove Content without prior notice.

7. Account Termination Policy

A) GI will terminate a user's access to the Service if, at GI’s sole discretion, the user is determined to be an infringer.

B) GI reserves the right to decide whether Content violates these TOS for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. GI may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of this Agreement.

8. Copyright Policy

GI operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. As part of GI's copyright policy, GI can terminate user access to the Service if a user has infringed copyright.

9. Warranty Disclaimer

You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, GI, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Services and your use thereof. To the fullest extent permitted by law, GI excludes all warranties, conditions, terms or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. GI does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and GI will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

10. Limitation of Liability

To the fullest extent permitted by law, in no event shall GI, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, GI limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).

You specifically acknowledge that GI shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Service is controlled and offered by GI from its facilities and makes no representations that the Service is appropriate or available for in any locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GI, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these TOS; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these TOS and your use of the Service.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

We provide these TOS with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these TOS and that you have agreed to them.

13. Assignment

These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GI without restriction.

14. General

You agree that: (i) the Service shall be deemed solely based in the Commonwealth of Australia; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over GI, either specific or general, in jurisdictions other than Australia. You agree that the laws of Australia, will apply to these TOS. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in the State of New South Wales, Australia. These TOS, together with the Privacy Policy and any other legal notices published by GI on the Service, shall constitute the entire agreement between you and GI concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this TOS shall be deemed a further or continuing waiver of such term or any other term, and GI's failure to assert any right or provision under these TOS shall not constitute a waiver of such right or provision. You and GI agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.