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Terms of Service

Last Updated: July 7, 2010

Welcome to Gamasutra, the ultimate site for game designers, developers and programmers. Gamasutra is operated by UBM Technology, a division of United Business Media LLC. Whether you're looking for inspiration, a place to connect with your fellow game developers, or a new job, we can help. Before you get started, please take a few minutes to read the following Terms of Service, including the policies incorporated by reference into these Terms of Service. If you are a visitor to Gamasutra.com, you agree that these Terms of Service will govern your use of Gamasutra. If you do not agree to these Terms of Service, you should not use the Gamasutra.com web site or Gamasutra services. To become a member of Gamasutra, you must read, agree with and accept all of the terms and conditions contained in this Terms of Service, which include those terms and conditions expressly set out below and those incorporated by reference. We may change these Terms of Service from time to time, so please check back often.

Establishing a Gamasutra membership

To access members-only areas of Gamasutra (such as our job listings), you must become a Gamasutra member. Membership is free. You may not transfer your membership to another person, share it with anyone, or use it to impersonate anyone. You agree that you will provide us with accurate membership information (such as your real name and a valid e-mail address) and will update your membership information if it becomes outdated. We may terminate your membership if we are unable to verify or authenticate the information you provide to us.

You agree to help protect your membership by guarding your password, and by changing it as soon as possible if you believe its security has been compromised. You also agree to notify UBM Technology immediately if you believe your membership has been used without your authorization. We may communicate with you via email and any other similar technology for purposes relating to your membership, any orders you place with us, or any other services we provide to you.

For more information about how we treat the information you provide to us, please see our Privacy Policy, which is a part of these Terms of Service.

Posting content to Gamasutra

As a Gamasutra member, you will be able to post information on a member homepage; users can also post listings of jobs, events, blogs, and other resources. UBM Technology is not responsible for content posted by Gamasutra's members or other users. We do not verify, endorse or vouch for any such information or content. We do, however, enforce these Terms of Service, and we reserve the right to modify, refuse (or remove) listings in our sole discretion if we determine that they are inaccurate, were posted without authorization, or otherwise violate these Terms of Service. You agree that the content you post will not violate these Terms of Service. Specifically, you agree that you will not post content that:

  • is false, inaccurate, or misleading;
  • infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy;
  • violates a nondisclosure agreement, or violates any law or regulation (including, without limitation, those governing export control, unfair competition, or false advertising);
  • is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening or harassing;
  • is obscene or contains child pornography; or
  • contains viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other computer programming routines that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.

Additional detailed commentary on acceptable behavior when posting in our blog section is available here - please follow these directions.

You also agree that you will not:

  • reproduce, distribute, republish or retransmit material posted by any other Gamasutra users without the permission of that user and UBM Technology;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
  • interfere or attempt to interfere with the proper working of the Gamasutra site, any activities conducted on the site, or any networks through which you access the site.

You retain all rights to material posted on your homepage and in your weblog and comments, and may post copyright or other notices to that effect. We reserve the right to remove any content from the Gamasutra site, with or without cause.

Finally, if you are under age 13, please be especially careful when participating in a discussion forum. If another Gamasutra user says something that makes you feel uncomfortable, please tell your guardian or contact us at kris.graft@ubm.com. If you are a guardian and want to limit your children's access to material you believe may be harmful to them, you may want to look into commercially available hardware, software and filtering devices. If you are interested in learning about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm and other similar sites. Gamasutra does not endorse these devices; this material is provided for informational purposes only.

Your responsibilities as a Gamasutra user

You are responsible for paying all fees associated with your use of Gamasutra and any products or services available through the Gamasutra site, including without limitation the costs of the equipment and services you use to access Gamasutra. If you use a version of Gamasutra that has been formatted for a PDA or mobile phone, you are responsible for paying all access and airtime costs associated with such use.

Your use of Gamasutra is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that (1) you will not interfere with another member's use and enjoyment of Gamasutra; (2) you will not interfere with or disrupt the security measures of Gamasutra, UBM Technology or its affiliates; (3) you will not interfere with or disrupt networks connected to Gamasutra, UBM Technology or its affiliates, and will comply with all regulations, policies and procedures of such networks; and (4) you will comply with United States law regarding the transmission of technical data exported from the United States. You also agree to indemnify and hold harmless UBM Technology, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Gamasutra, any content you post to the Gamasutra site, your violation of these Terms of Service, or your violation of the rights of any third party.

We may terminate your Gamasutra membership or suspend your access to all or part of Gamasutra, without notice, if you violate these Terms of Service, we are unable to verify or authenticate any information that you provide to us, or you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Gamasutra, UBM Technology or its affiliates, any other Gamasutra user, or any third party. If your membership is terminated, we may, but are not required to, remove some or all of your content from our servers.

You may terminate your Gamasutra membership at any time by going to the Account Profile page and clicking the "Delete Profile" button.

We enjoy hearing from you

We enjoy hearing from you and welcome your comments about our products and services. If you send us a business idea or suggestion -- for example, about how to improve or expand our products and services -- you agree that UBM Technology and its affiliates will be completely free to implement, use or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.

About our site

All non user-created materials contained on the Gamasutra web site, including text, graphics, icons, images and software, are the property of UBM Technology, its affiliates, or its or their content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of UBM Technology. You may not reproduce, modify, distribute or republish materials contained on this site (except for materials you have provided to the site) without the prior written permission of UBM Technology. You may not alter or remove any trademark, copyright or other notice from copies of content.

Gamasutra and all other Gamasutra logos and trade names are trademarks or registered trademarks of UBM Technology. All other trademarks used on the Gamasutra site are the property of their respective owners and may not be used without their written consent.

Copyright infringement

UBM Technology is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Gamasutra site, or items advertised on the site, by end users or any other third parties. If you believe that your rights in copyright are being violated by any materials posted on or transmitted through the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending materials. It is our policy to revoke authorization to access the Gamasutra site for repeat infringers. In order for us to investigate your claim of infringement, you must provide us with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. A description of the copyrighted work that you believe has been infringed;
  3. A description of where the material that you claim is infringing is located or identified on the Gamasutra site;
  4. Your name, address, telephone number, and email address;
  5. 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
  6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.

The above information should be provided to UBM Technology's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:

By mail: Director of Corporate Communications
c/o UBM LLC
600 Community Drive
Manhasset, New York 11030

By phone: (516) 562-5000

By fax: (516) 562-7123

By email: help@gamasutra.com

Limitation of liability

By using this site, you expressly agree that such use is at your sole risk. We endeavor to provide service of the highest quality, but we cannot guarantee that our service will be timely, secure, uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of Gamasutra.

Neither UBM Technology nor any of its affiliates, officers, directors, employees, or agents, or any third party content providers, merchants, sponsors, or licensors guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall UBM Technology (or any of its affiliates, officers, directors, employees, or agents) be liable for any loss or damage caused by your reliance on information obtained through Gamasutra. It is your responsibility to evaluate the information, opinion, advice, or other content available through Gamasutra.

UBM TECHNOLOGY AND ITS AFFILIATES PROVIDE THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS OPERATION, CONTENTS, OR PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THIS SITE IS ACCURATE, CURRENT, OR COMPLETE, AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL UBM TECHNOLOGY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF UBM TECHNOLOGY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING GAMASUTRA, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH GAMASUTRA. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF UBM TECHNOLOGY OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).

Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.

Additional Terms

The following policies are incorporated into these Terms of Service by reference and provide additional terms and conditions related to specific areas of, or services offered on, the Gamasutra site:

Privacy Policy

Each of these policies may be changed from time to time and are effectively immediately after we post the changes on the Gamasutra site. In addition, when using particular areas of the Gamasutra site, you agree that you are subject to any posted policies or rules applicable to such areas, which may be posted from time to time. All such posted policies or rules are incorporated by reference into these Terms of Service.

Miscellaneous

This site is created, controlled and operated by UBM Technology in the USA. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. Gamasutra's editorial offices are located at 600 Harrison Street, 5th Floor, San Francisco, CA, 94107, and can be reached by telephone at 415-947-6206. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. We ask that you bring service problems to our attention, but California residents may also choose to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or (800) 952-5210.

We reserve the right to change the terms of this agreement without notice. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of New York, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in New York, New York, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

If any provision of these Terms of Service is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Service, including the Gamasutra policies referred to in these Terms of Service, constitute your entire agreement with UBM Technology, and you agree that this agreement may be automatically assigned by UBM Technology to a third party, in our sole discretion, in connection with a merger or acquisition. UBM Technology reserves the right to make changes to our site, disclaimers, and policies at any time.

UBM Tech