Terms of Service

Terms of Service

 

Welcome and thank you for visiting our website, www.IndieWorldOrder.com (“Site”). The Site is operated by Indie World Order™ (“IWO”), an organization based out of the US State of Florida. IWO is an organization that promotes, assists and coordinates independent game developers in their goals of development, marketing and promotion (our “Services”). This Terms of Service Agreement (“Agreement”) describes the terms by which you are allowed to use the Site and Services.

 

Please read this terms of service agreement carefully. By clicking the “Accept” button below, or by participating in OR INSTALLING features, or by using the https://www.indieworldorder.com website and related webpages, you agree that this agreement is enforceable like any written contract signed by you. If you do not agree to all of the terms of this agreement, close this window immediately and do not participate in the use of this site, features, or our services.

 

Section 1 – General Provisions

 

1.1       This Agreement establishes the terms that apply to your use of the Site and Services. By accessing or using any part of the Site or Services, including its features, you agree to fully comply with this Agreement.

 

1.2       You agree to protect the confidentiality of your account credentials, and to be held responsible for all activity on your account, including for the actions of other individuals you allow to use your account. Please notify IWO immediately of any unauthorized access or use of your account.

 

1.3       The Site is intended for Users (defined below) over the age of thirteen (13). Any User between the ages of thirteen (13) and eighteen (18), or your local age of majority, shall review this Agreement with their parent or legal guardian to ensure that both you and your parent or legal guardian agree to the terms of this Agreement. If you are a User between the ages of the thirteen (13) and your local age of majority, you agree to have your parent or legal guardian review and accept this Agreement on your behalf. If you are a parent or guardian accepting this Agreement on your child over the age of thirteen’s (13) behalf, you hereby agree to accept full responsibility and liability for your child’s use of the services, including all financial charges that he may incur.

 

1.4       Users of the Site will be defined as anyone utilizing the Site.

 

1.5       IWO may, at any time, change or discontinue any feature of the Site, without notice.

 

Section 2 – Changing Terms

2.1       IWO may change or modify the terms of this Agreement at any time. Such changes or modifications will become effective upon posting. IWO may provide notice of changes to this Agreement through the Site and/or by email. Your use of the Site following notification will be deemed acceptance of all changes and modifications to this Agreement.

 

Section 3 – About the Site

 

3.1       The Site offers users information about independently developed video games and related content and services. It also provides users the ability to discuss videos, video games and related content, as well as other topics, with other Users on the Site through our community forums, Discord server and Steam group. IWO provides no direct services to Users other than information about independently developed video games and the organization of events regarding independently developed video games and the ability to communicate with other Users. While forum, steam and discord activity is monitored and moderated, any decision to communicate within or beyond our forums is made at that User’s sole discretion.

 

3.2       Some of the Site’s features may be offered free of charge but IWO may charge for access to features. IWO will not charge you for any such services unless you provide consent prior to incurring charges. Some services may be offered as a subscription which would incur monthly charges. IWO reserves the right to change or cease its features or services offered at any time without notice. You agree that IWO will not be liable for any change or cessation of features or services.

 

3.3       You agree that all services provided by IWO are provided on an “AS IS” and “AS AVAILABLE” basis. Any difficulties that the Site may experience may result in the loss of data or other service or feature interruptions. IWO does not assume any responsibility or liability for the loss, deletion, timeliness or failure to store data or information.

 

3.4       Through the Site, you may access features or purchase goods or services that are provided by third parties. Your use of such features or purchase of goods or services may be subject to separate terms with the providing third party.

 

Section 4 - Conduct

 

4.1       You will provide true and accurate information about yourself. Please update any information that is no longer true or accurate.

4.2       You will use the Site for lawful purposes only.

4.3       You will not post or otherwise transmit through the Site anything that contains content that:

  • Is inaccurate, false or misleading

  • Promotes illegal activity or is illegal

  • Is defamatory, abusive, obscene, profane, threatening, harassing, offensive or  promotes bigotry or racism

  • Infringes or violates another’s intellectual property rights

  • Contains any malware, spyware, adware or other malicious computer code

  • Violates or encourages others to violate the terms of use or end user license agreement of a game

 

4.4       The above categories are not intended to be exhaustive. IWO may monitor content posted on the Site. IWO may edit or remove any content it determines is offensive or violates this Agreement, in its sole discretion, at any time without notice. The posting of such prohibited content may result in the removal of the prohibited content and/or termination of your access to the Site. You understand and agree that IWO is not responsible for the content posted on the Site by its Users.

4.5       By submitting content to any area of the Site, or by otherwise transferring content through the site, you automatically grant, or warrant that the owner of the content grants, a royalty- free, perpetual, irrevocable and non-exclusive right and license to use the content in any manner, at the sole discretion of IWO, in any form of media now known or hereafter developed.

Section 5 - Services

5.1       IWO may offer and provide products, services, assets and websites accessed through internet-capable hardware platforms including gaming consoles, computer, mobile devices, smart phones, software applications and third-party programs (collectively, the “Services”). Such Services shall include, but are not limited to, content and information about our products, reviews, ratings, video content, experiences, forums, discussion boards and software, whether physical or digital. IWO may change, suspend or discontinue these services for any reason, at any time, including the availability of any feature or content provided. IWO may also limit the use of certain features and services or restrict access to such services in part or in its entirety without notice or liability.

Section 6 – Disclaimer

USE OF THE SITE IS AT YOUR OWN RISK. IWO DOES NOT WARRANT THAT THE SITE AND ITS FEATURES WILL BE SECURE, ERROR FREE, OR UNINTERRUPTED. YOU AGREE NOT TO RELY ON THE SITE, INCLUDING ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SITE, FOR ANY PURPOSE. THE SITE, ITS FEATURES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IWO AND ITS THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND MAKE NO REPRESENTATION OF ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR USER ON THE SITE, OR AS TO THE QUALITY OF ANY GOODS, MERCHANDISE, OR SERVICES PURCHASED THROUGH THE SITE.

YOU ARE SOLELY RESPONSIBLE FOR ANY HARMS OR POTENTIAL HARMS TO YOUR PERSON, REPUTATION, COMPUTER SYSTEM, OR PROPERTY THAT RESULT FROM YOUR USE OF THE SITE OR YOUR INTERACTIONS WITH OTHER SITE USERS. IWO SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS OF ANY NATURE.

IWO SHALL NOT BE LIABLE FOR ANY DISPUTE BETWEEN USERS. SUCH DISPUTES SHALL ONLY BE BETWEEN THE USERS INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY AGREE TO RELEASE IWO, INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY ASSOCIATED WITH THE DISPUTE BETWEEN USERS.

IF ANY LIABILITY IS FOUND FOR ANY CLAIM OR SUIT ARISING OUT OF THIS AGREEMENT, THE LIABILITY OF IWO AND ITS THIRD PARTY SERVICE PROVIDERS SHALL BE LIMITED TO THE AMOUNT OF FEES RETAINED BY IWO IN CONNECTION WITH YOUR USE OF THE SITE OR ONE HUNDRED DOLLARS ($100).

Section 7 - Arbitration

7.1       Any controversy or claim you have against IWO relating to this Agreement or its purported breach, shall be settled by binding arbitration before the American Arbitration Association (“AAA”) in Florida by a sole arbitrator. Any controversy or claim shall not be consolidated with the controversies or claims of other individuals. IWO shall have the option to bring any claim or dispute against you in Florida state court or Federal Court, or in binding arbitration. You consent to personal jurisdiction and venue in the Florida State and Federal Court. IWO shall be entitled to seek its reasonable attorney’s fees and costs in any action against you. Any arbitration under this agreement shall be governed by the AAA Commercial Arbitration rules.

Section 8 - Indemnification

8.1       You agree to indemnify, defend, and hold harmless IWO and its respective officers, directors, employees, attorneys and their respective successors and assigns from and against all losses, costs, expenses, damages, or other liabilities (including reasonable attorney’s fees and costs) as a result of any claim, suit or proceeding resulting from the breach of this Agreement, your negligent or otherwise harmful conduct, your use of the Site, and any violations of law.

Section 9 – Account Closures

9.1       You may close your account at any time by sending a request to Contact@IndieWorldOrder.com. We will process all account closures within a reasonable timeframe upon receipt. Note that closed accounts may not be recoverable. Without limitation, IWO may terminate your account if you have breached a provision of this Agreement, do not intend to comply with this Agreement, are unable to comply with this Agreement, or if IWO is required to do so by law.

 

Section 10 – Intellectual Property

10.1     IWO reserves all of its intellectual property rights, including but not limited to the name Indie World Order, its domains, its logos, assets both private and those offered for monitored use by its users, the Site, the Site design, and the Site’s content. Unless you have agreed otherwise in writing with IWO, you agree that nothing in this Agreement gives you the right to use any of IWO’s intellectual property for any purpose, including the downloading or republishing any content located on the Site, unless otherwise specified. You further agree that you will not use any intellectual property in a manner that may cause a likelihood of confusion as to the owner or creator of such content. IWO shall be permitted to use and/or modify any content located on the Site or uploaded to the Site in connection with promoting IWO and its products and services.

10.2     IWO makes no claim of ownership to any intellectual property on the Site which would conflict with the ownership rights of game developers, publishers, and the like.

10.3     If you believe any content on the Site infringes upon the intellectual property of yourself or others, please let us know at Contact@IndieWorldOrder.com.

Section 11 – Terms of Purchase

11.1     IWO may charge and collect tax on all eligible shipments of goods and purchase of services that were purchased on the Site, whether physical or digital. For any goods purchased on the Site, risk of loss transfers to you upon delivery to the carrier. Listed prices may change at any time without notice to you. Prices listed on the website do not guarantee purchase prices until payment is made. IWO may process payments through a third-party service provider.

Section 12 – Third Party Content

12.1     Any opinions, statements, content, advice, services or information made by any third parties, including other Site Users, on the Site are those of the respective author(s) and not IWO. IWO does not endorse, nor is it responsible for, the opinions, statements, content, advice, services, or information made available on the Site by third parties. IWO will not be liable for any loss or damage caused by your reliance on information obtained through the Site, as it is your responsibility to determine the completeness, accuracy, or usefulness of any information, advice, services, statements, opinions or content on the Site.

Section 13 – Outside Links

13.1     The Site may have hyperlinks to other websites or services. IWO does not control websites or content that have not been provided by IWO. You agree that IWO does not endorse the websites or content that it did not provide. IWO will not be held liable for any reason in connection with websites or content posted on the Site by third parties or Users.

Section 14 – Miscellaneous

14.1     This Agreement incorporates by reference all other policies that the Site and Services are subject to, including the Privacy Policy (which can be accessed at http://IndieWorldOrder.com/privacy) and End User License Agreement for any applicable software. This Agreement constitutes the entire agreement of the parties with respect to the use of the Site. All provisions of this Agreement are severable, and if any provisions is held to be unenforceable, it shall not affect the enforceability of the remaining provisions. Additionally, if any provision is found to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent of Florida law, preserves the original intentions of the parties.

14.2     This Agreement shall be governed by Florida law. The failure of IWO to partially or fully exercise any rights under this Agreement shall not prevent any exercise of such right, or be deemed as a waiver of such rights. The exercise of any rights under this Agreement shall not limit IWO’s right to exercise any other remedy.

14.3     IWO reserves the right, in its sole discretion, to change this Terms of Service. The most current version of this Terms of Service will supersede all previous versions. IWO encourages you to periodically review this Terms of Service to stay informed of our updates.

Section 15 - Privacy Policy

15.1     For more information about IWO’s privacy practices, please read our Privacy Policy, which is incorporated by reference in this Agreement and can be accessed here. The Privacy Policy outlines what information we collect, how we collect the information, and how we use the information. By accessing or using the Site, you agree to the use of your information as delineated in the Privacy Policy.

Section 16 – Contact, Questions, Comments

16.1     Should you have any questions or comments relating to this Agreement, please contact Indie World Order™ at Contact@IndieWorldOrder.com.

 

This Agreement was last updated on March 3, 2020.

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