TERMS OF USE
PLEASE
READ CAREFULLY AND COMPLETELY
This page states the "Terms of
Use" under which You may use INDIE GAME JOBS, an on-line service to post
and search user resumes to offer employment opportunities in the independent
video game programming industry. By
using INDIE GAME JOBS (sometimes referred to as “the website”), You are
indicating your agreement to these Terms of Use.
Please read this page carefully. If You do
not accept the Terms of Use stated here, do not use the Web Site and the services.
By using INDIE GAME JOBS, You are indicating your acceptance to be bound by the
provisions of these Terms of Use. Should
you object to any term or condition of the TOU, any guidelines, or any
subsequent modifications thereto or become dissatisfied with INDIE GAME JOBS in
any way, your only recourse is to immediately discontinue use of INDIE GAME
JOBS.
Section 1. Eligibility.
You must be 18 years of age or older to
visit or use INDIE GAME JOBS in any manner. By visiting www.indiegamejobs.com
or accepting these Terms of Use, You represent and warrant to the Company that
You are 18 years of age or older, and that You have the right, authority and
capacity to agree to and abide by these Terms of Use. You also represent and
warrant to the Company that You will use INDIE GAME JOBS in a manner consistent
with any and all applicable laws and regulations.
Section
2. Modifications to this Agreement
INDIE GAME JOBS reserves the right, at our
sole discretion, to change, modify or otherwise alter these terms and
conditions at any time. Such
modification is effective immediately upon posting to the INDIE GAME JOBS
website. You must review this agreement
on a regular basis if you wish to know about these changes. The most recent version of these terms of
agreement shall be located at:
www.indiegamejobs.com/account/terms.php
Section 3. Use of INDIE GAME JOBS and INDIE
GAME JOBS Content.
The Company authorizes You to view and
access a single copy of the content available on or from INDIE GAME JOBS and INDIE
GAME JOBS solely for your personal use. The contents of www.indiegamejobs.com,
and of all other websites under the Company's control, whether partial or
otherwise (www.indiegamejobs.com and such other websites are sometimes
collectively referred to as "INDIE GAME JOBS Sites") such as text,
graphics, images, logos, button icons, software and other INDIE GAME JOBS
Content (collectively, "INDIE GAME JOBS Content"), are protected
under both United States and foreign copyright, trademark and other laws. All INDIE
GAME JOBS Content is the property of the Company or its content suppliers or
clients. The compilation (meaning the collection, arrangement and assembly) of
all content on the INDIE GAME JOBS Sites are the exclusive property of the
Company and protected by
Section
4. Identification Of Agent To Receive Notification And Elements Of Notification
Of Claimed Copyright Infringement.
If You believe that your copyrighted work
has been uploaded, posted or copied to INDIE GAME JOBS and is accessible in a
way that constitutes copyright infringement, please notify us by providing our
designated copyright agent with the following information:
- The physical or electronic signature of either the copyright owner
or of a person authorized to act on the owner’s behalf;
- A description of the copyrighted work You claim has been infringed,
and a description of the activity that You claim to be infringing;
- Identification of the URL or other specific location on this web
site where the material or activity You claim to be infringing is located
or is occurring; You must include enough information to allow us to locate
the material or the activity;
- Your name, address, telephone number and, if You have one, your
e-mail address;
- A statement by You that You have a good faith belief that use on
the web site of the copyrighted work in the manner You are complaining of
is not authorized by the copyright owner, any agent of the copyright
owner, or the law; and
- A statement by You, made under penalty of perjury, that the
information You have provided in your notice is accurate and that You are
either the copyright owner or are authorized to act on behalf of the
copyright owner.
Submissions should be made
to: BRET TRUCHAN
POSTAL ADDRESS: 480 Fell
Street, Apt 8,
EMAIL ADDRESS:
gamebeep@gmail.com
PHONE: (415) 551-1422
INDIE GAME JOBS cannot guarantee that any action will
be taken as a result of your submission.
Section 5.
Policy Regarding Termination Of Users Who Repeatedly Infringe The
Copyright Or Other Intellectual Property Rights Of Others.
INDIE GAME JOBS respects the
intellectual property of others, and we ask our users and content partners to
do the same. The unauthorized reproduction, copying, distribution,
modification, public display or public performance of copyrighted works
constitutes infringement of the copyright owners rights. As a condition to your
use of INDIE GAME JOBS You agree not to use INDIE GAME JOBS to infringe on the intellectual
property rights of others in any way. We will terminate any User’s ability to
access INDIE GAME JOBS who repeatedly infringe on the copyrights or other
intellectual property rights, of others. We reserve the right to take these
actions at any time, in our sole discretion, with or without notice, and
without any liability to the User whose access is blocked.
Section 6. INDIE GAME JOBS Site Use Restrictions.
Users may not use INDIE GAME JOBS and/or any
INDIE GAME JOBS Site in order to transmit, distribute, store or destroy
material, including without limitation INDIE GAME JOBS Content, (a) in
violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of
others, or (c) that is defamatory, obscene, threatening, abusive hateful, or
otherwise objectionable by the standards of INDIE GAME JOBS.
Users are also prohibited from violating or
attempting to violate the security of any INDIE GAME JOBS Site, including,
without limitation the following activities: (a) accessing data not intended
for such user or logging into a server or account which the user is not
authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a virus
to any INDIE GAME JOBS Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing"; or (d)
forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting. Violations of system or network security may
result in civil or criminal liability. The Company will investigate occurrences
which may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
violations.
Section 7. Specific Prohibited Uses.
The resume database features of www.indiegamejobs.com
may be used only for lawful purposes by individuals seeking employment and employers
seeking employees.
The Company specifically prohibits any other
use of INDIE GAME JOBS, and all Users agree not to do any of the following: (a)
post resumes or jobs or content on INDIE GAME JOBS that contain any hyperlinks,
"hidden" keywords or any keywords that are irrelevant to the job or
are otherwise misleading contained in a job posting are prohibited; post jobs
for modeling or talent or talent scouting positions; (b) use any INDIE GAME
JOBS Resume Database for any purpose other than as an employer seeking
employees, including but not limited to using the information in the Resume
Database to sell or promote any products or services; (c) post or submit to INDIE
GAME JOBS any incomplete, false or inaccurate biographical information or
information which is not your own; (d) post on INDIE GAME JOBS any franchise,
pyramid scheme, "club membership", distributorship or sales
representative agency arrangement or other business opportunity which requires
an up front or periodic payment, pays commissions only (except for postings
that make clear that the available job pays commission only and clearly
describes the product or service that the job seeker would be selling, in which
case such postings are permissible), requires recruitment of other members,
sub-distributors or sub-agents; (e) send unsolicited mail or e-mail, making
unsolicited phone calls or send unsolicited faxes regarding promotions and/or
advertising of products or services to a user of any INDIE GAME JOBS Site; (f)
delete or revise any material posted by any other person or entity; (g) take
any action that imposes an unreasonable or disproportionately large load on any
INDIE GAME JOBS Site's infrastructure; (h) notwithstanding anything to the
contrary contained herein, use or attempt to use any engine, software, tool,
agent or other device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate or search any INDIE
GAME JOBS Site other than the search engine and search agents available from
the Company on such INDIE GAME JOBS Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (I)
attempt to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of any INDIE GAME JOBS Site;
(j) aggregate, copy or duplicate in any manner any of the INDIE GAME JOBS
Content or information available from any INDIE GAME JOBS Site;
Section 8. User Content and Submissions.
You are solely responsible for your User
Account information, Employee Profile, content, messages or other information
("User Content") that You submit, publish or display (hereinafter,
"post") to INDIE GAME JOBS or transmit to other Users. You are entirely responsible for each
individual item of User Content that you post, email, or otherwise make available
via INDIE GAME JOBS. By posting User
Content to INDIE GAME JOBS, You automatically grant, and You represent and
warrant that You have the right to grant, to INDIE GAME JOBS an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute such User Content and to prepare derivative works of,
or incorporate into other works, such User Content, and to grant and authorize
sublicenses thereof. Furthermore, you fully
realize that all postings, messages, text, files, images, photos, video,
sounds, or other materials posted (“User Submitted Content”) by users of INDIE
GAME JOBS are the sole responsibility of the person from whom such User
Submitted Content originated.
By posting User Content to any public or
non-public area of any INDIE GAME JOBS Site, You grant the Company and its
affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through
multiple tiers), non-exclusive right (including any moral rights) and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform and display the User
Content (in whole or in part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed, for the full
term of any rights that may exist in such content. You also warrant that the
holder of any rights, including moral rights in such content, has completely
and effectively waived all such rights and validly and irrevocably granted to
You the right to grant the license stated above. You also permit any User to
access, display, view, store and reproduce such User Content for personal use.
Subject to the foregoing, the owner of such User Content placed any INDIE GAME
JOBS Site retains any and all rights that may exist in such User Content.
The Company acts as a passive conduit for
the online distribution and publication of User Content and has no obligation
to screen communications or information in advance and is not responsible for
screening or monitoring User Content posted by Users. However, the Company may
review and delete any User Content that, in the sole judgment of INDIE GAME
JOBS, violates these Terms of Use, violates applicable law, rule or regulation,
is offensive or illegal or violates the rights of, harms or threatens the
safety of Users of any INDIE GAME JOBS Site. The Company reserves the right to
expel Users and prevent their further access to the INDIE GAME JOBS Sites for violating
the Terms of Use or applicable law, rule or regulation and the right to remove
User Content which is in violation of the Terms of Use, abusive, illegal, or
disruptive. The Company may take any action with respect to User Content that
it deems necessary or appropriate in its sole discretion if it believes it may
create liability for the Company or may cause the Company to lose (in whole or
in part) the services of its ISPs or other suppliers.
We appreciate hearing from our Users and
welcome your comments regarding our services and the INDIE GAME JOBS Sites.
Please be advised, however, that our policy does not permit us to accept or
consider creative ideas, suggestions, inventions or materials other than those
which we have specifically requested. While we do value your feedback on our
services, please be specific in your comments regarding our services and do not
submit creative ideas, inventions, suggestions, or materials. If, despite our
request, You send us creative suggestions, ideas, drawings, concepts,
inventions, or other information (collectively the "Submission"), the
Submission shall be the property of the Company. None of the Submission shall
be subject to any obligation of confidentiality on our part and we shall not be
liable for any use or disclosure of any Submission. The Company shall own
exclusively all now known or later discovered rights to the Submission and
shall be entitled to unrestricted use of the Submission for any purpose
whatsoever, commercial or otherwise, without compensation to You or any other
person who submitted the Submission.
Section
9. General User Content Guidelines to
Ensure Quality of Content
a. The
following terms of use are in place to protect the quality of the content on
site. Quality content means that jobseekers can find the most relevant
positions quickly and easily and that employers receive relevant applications.
b. To
ensure equal exposure for all positions advertised on site, job adverts may
only be updated/amended once per per week
c. Each
position may be posted once only. Posting duplicates of the same job gives
unrealistic search results and is deeply frustrating for job seekers.
d. It
should be made clear in the job description if a jobseeker is not applying for
a specific position, but rather their CV is being added to a bank of CVs for
future positions that may arise.
e. The
job title should reflect / summarise the job description (only one job per
posting). It is to no-ones advantage if a jobseeker has to unnecessarily click
on a title to find that a job description is unsuitable.
f. Jobs
should not use excessive CAPITAL LETTERS or **** Punctuation !!!!
g. Jobs
should not be refreshed more than once per week, from the day the job is posted
on the site. This is to ensure that jobseekers who receive our jobs by email
will not find the job to have expired in that time.
h. Jobs
should only appear once in the listings. Do not post the same job twice, even
if it is rephrased.
i. Expire
the job as soon as it is filled. (Or let us know and we will do it.)
j. If
you are recruiting in order to build a panel of CVs for a position that is not
at that moment vacant, this should be made clear in the job description.
k. If
there is a cost involved to the jobseeker at any stage in the process of
getting the job advertised, that must be explained in the advertisement.
l. Avoid
generic job advertisements such as “TEMPS, TEMPS, TEMPS” or “Programmer,
Programmer, Programmer”.
Section
10. Monitoring.
INDIE GAME JOBS has the right, but not the
obligation, to monitor your use of this web site to determine compliance with
this Agreement and any operating rules established by us and to satisfy any
law, regulation, authorized government request, trade association guideline, or
the guidelines and policies of INDIE GAME JOBS.
INDIE GAME JOBS has no obligation to screen User Content in advance and
is not responsible for screening or monitoring User Content posted by Users. If
notified by a User of communications which allegedly do not conform to these
Terms of Use, the Company may in its sole discretion investigate the allegation
and determine whether to take any other actions whether to remove or request
the removal of the User Content. The Company has no liability or responsibility
to Users for performance or nonperformance of such activities.
Section 11. Registration Information.
When You register with INDIE GAME JOBS, You
will be asked to provide the Company with certain information including,
without limitation, a valid email address (your "Information"). In addition
to the Terms of Use and any privacy policy applicable to any INDIE GAME JOBS Web
Site, You understand and agree that the Company may disclose to third parties,
on an anonymous basis, certain aggregate information contained in your
registration application. The Company will not disclose to any third party your
name, address, e-mail address or telephone number without your prior consent,
except to the extent necessary or appropriate to comply with applicable.
Section 12. Registration and Password.
You are responsible for maintaining the confidentiality of your User Account
and/or passwords. You shall be
responsible for all uses of your Web Site registrations and passwords, whether
or not authorized by You. You agree to immediately notify the Company of any
unauthorized use of your User Account and/or passwords.
Notification email: gamebeep@gmail.com
Section 13. Limitation of Liability
INDIE GAME JOBS acts as a venue for candidates
to post resumes and allow employers to search these resumes and does not screen
or censor the listings offered. The Company is not involved in the actual
transaction between employers and candidates. As a result, the Company has no
control over the quality, safety or legality of the jobs or resumes posted, the
truth or accuracy of the listings, the ability of employers to offer job
opportunities to candidates or the ability of candidates to fill job openings
or any User Content and makes no representations about any jobs, resumes or
User Content on INDIE GAME JOBS.
In addition, note that there are risks,
including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or people acting under false
pretenses. You assume all risks associated with dealing with other users with
whom You come in contact through INDIE GAME JOBS and/or the other INDIE GAME
JOBS Sites. By its very nature, other people's information may be offensive,
harmful or inaccurate, and in some cases will be mislabeled or deceptively
labeled. We expect that You will use caution and common sense when using INDIE
GAME JOBS and/or the other INDIE GAME JOBS Sites.
Because user authentication on the Internet
is difficult, the Company cannot and does not confirm that each User is who
they claim to be. Because we do not and cannot be involved in user-to-user
dealings or control the behavior of participants on any INDIE GAME JOBS Site,
in the event that You have a dispute with one or more Users, You release the
Company (and our agents and employees) from claims, demands and damages (actual
and consequential, direct and indirect) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes.
If You are a California resident, You waive
California Civil Code 1542, which says: "A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must have materially
affected his settlement with the debtor."
The INDIE GAME JOBS Sites and the INDIE GAME
JOBS Content may contain inaccuracies or typographical errors. The Company
makes no representations about the accuracy, reliability, completeness, or
timeliness of any INDIE GAME JOBS Site or the INDIE GAME JOBS Content. The use
of all INDIE GAME JOBS Sites and the INDIE
GAME JOBS Content is at your own risk. Changes are periodically made to INDIE
GAME JOBS Sites and may be made at any time. You acknowledge and agree that You
are solely responsible for the form, content and accuracy of any resume or
material contained therein placed by You on the INDIE GAME JOBS Sites.
Employers are solely responsible for their postings on INDIE GAME JOBS Sites or
offerings made through INDIE GAME JOBS. The Company is not to be considered to
be an employer with respect to your use of any INDIE GAME JOBS Site and the
Company shall not be responsible for any employment decisions, for whatever
reason made, made by any entity posting jobs on any INDIE GAME JOBS Site or
through INDIE GAME JOBS.
INDIE GAME JOBS cannot guarantee and does
not promise any specific results from use of INDIE GAME JOBS or any INDIE GAME
JOBS Site. No advice or information, whether oral or written, obtained by a
User from INDIE GAME JOBS or through or from INDIE GAME JOBS or any other INDIE
GAME JOBS Site shall create any warranty not expressly stated herein.
INDIE GAME JOBS'S MAXIMUM LIABILITY ARISING
OUT OF OR IN CONNECTION WITH ANY INDIE GAME JOBS SITE OR YOUR USE OF THE INDIE
GAME JOBS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT,
TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100 UNITED STATES.
Section 14. Disclaimer of Consequential
Damages.
INDIE GAME JOBS shall not be liable for
direct, indirect, incidental, special, consequential or exemplary damages (even
if INDIE GAME JOBS has been advised of the possibility of such damages),
resulting from any aspect of your use of the INDIE GAME JOBS website whether
the damages arise from use or misuse of the INDIE GAME JOBS website or the
interruption, suspension, modification, alteration, or termination of the INDIE
GAME JOBS website. This limitation
applies with respect to any and all damages incurred by reason of other
services or products received through or advertised in connetion with INDIE
GAME JOBS as well as any and all links on the website, as by reason of any
information or advice received through or advertised in connection with the
INDIE GAME JOBS website. THESE
LIMITATIONS APPLY to the fullest extent permitted by law. In jurisdictions where limitations of
liability are not allowed, some of the foregoing may not apply to you.
Section 15. Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY INDIE
GAME JOBS SITE WILL OPERATE ERROR-FREE OR THAT ANY INDIE GAME JOBS SITE AND ITS
SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE
OF ANY INDIE GAME JOBS SITE OR THE INDIE GAME JOBS CONTENT RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS. THE INDIE GAME JOBS SITES AND INDIE GAME JOBS CONTENT ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE
COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INDIE GAME
JOBS CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Section
16. Limitations on Service
INDIE GAME JOBS may establish limits
concerning use of the website, including the maximum number of days that
content will be retained by the INDIE GAME JOB, the maximum number and size of
postings, email messages, or other Content and or User Content that may be
transmitted or stored by INDIE GAME JOBS, and the frequency with which you may
access INDIE GAME JOBS. You agree that
INDIE GAME JOBS has no responsibility or liability for the deletion or failure
to store and Content and or User Content maintained or transmitted by INDIE
GAME JOBS. You acknowledge that INDIE
GAME JOBS has the rith at any time to modify or discontinue the website and or
any part therein and that INDIE GAME JOBS shall not be liable to you or any
third party for any modification, suspension, or discontinuance of the
website.
Section 17. Links to Other Sites.
INDIE GAME JOBS and certain other INDIE GAME
JOBS Sites may contain links to third party web sites. These links are provided
solely as a convenience to You and not as an endorsement by the Company of the
contents on such third-party Web sites. The Company is not responsible for the
content of linked third-party sites and does not make any representations regarding
the content or accuracy of materials on such third party Web sites. If You
decide to access linked third-party Web sites, You do so at your own risk.
Section
18. Dealings with Advertisers
Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through this
web site, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that we are not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on this web site.
Section 19. No Resale or Unauthorized
Commercial Use.
You agree not to resell or assign your
rights or obligations under these Terms of Use. You also agree not to make any
unauthorized commercial use of INDIE GAME JOBS and/or any INDIE GAME JOBS Site.
Section 20. Indemnity.
You agree to defend, indemnify, and hold
harmless INDIE GAME JOBS, its affiliates, and their respective officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from (i) any User Content or other material You provide
to any INDIE GAME JOBS Site, (ii) your use of any INDIE GAME JOBS Content, or
(iii) your breach of the terms of these Terms of Use. The Company shall provide
notice to You promptly of any such claim, suit, or proceeding.
Section 21. Jurisdiction and Use.
The Company makes no claims that the INDIE
GAME JOBS Content may be lawfully viewed or accessed outside of the
The Terms of Use constitutes the entire
agreement between You and INDIE GAME JOBS.
The Terms of Use and your relationship with INDIE GAME JOBS shall be
governed by the exclusive jurisdiction to courts located within the County of
San Francisco, California without regard to its conflict of law
provisions. You and INDIE GAME JOBS
agree to submit to the personal and exclusive jurisdiction of the courts
located in
Section 22. Violation of Terms of Use and Liquidated
Damages
Please report any violations
of these terms of use to:
Bret Truchan
480 Fell Street, Apt 12
San Francisco, CA 94102
INDIE GAME JOBS’ failure to
act with respect to a breach by you or others in one instance does not mean
that INDIE GAME JOBS has waived its rights to act or pursue legal recourse with
respect to any subsequent or similar breaches of these terms of use.
You understand and fully
agree that, because damages related to these terms of use are difficult to
quantify, if it becomes necessary for INDIE GAME JOBS to pursue legal action to
enforce these Terms, you will be liable to pay INDIE GAME JOBS the following
amounts as liquidated damages, which you accept as reasonable estimates of
INDIE GAME JOBS' damages for the specified breaches of these Terms:
a. If you post a message
that (1) impersonates any person or entity; (2) falsely states or otherwise
misrepresents your affiliation with a person or entity; or (3) that includes
personal or identifying information about another person without that person's
explicit consent, you agree to pay INDIE GAME JOBS one thousand five hundred
dollars ($1,500) for each such message.
This provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures or other forms of free and protected speech under the
b. If INDIE GAME JOBS
establishes limits on the frequency with which you may access and or post to
INDIE GAME JOBS, or terminates your access to or use of the INDIE GAME JOBS
website, you agree to pay INDIE GAME JOBS one hundred dollars ($200) for each
message posted in excess of such limits or for each day on which you access INDIE
GAME JOBS in excess of such limits, whichever is higher.
c. If you send unsolicited
email advertisements to INDIE GAME JOBS email addresses or through INDIE GAME
JOBS’ computer systems, you agree to pay INDIE GAME JOBS thirty five dollars
($35) for each such email.
d. If you post Content in
violation of the terms of use, other than as described above, you agree to pay
INDIE GAME JOBS one hundred fifty dollars ($150) for each Item of Content
posted. INDIE GAME JOBS may but is not
required to issue warnings before demanding these damages from you but is not
required to do so.
e. If you are a Posting
Agent that uses the Service in violation of the
terms of use, in addition to
any liquidated damages under clause (d), you agree to pay INDIE GAME JOBS one
hundred fifty dollars ($150) for each and every item you post in violation of
the terms of use. A Posting Agent will
also be deemed an agent of the party engaging the Posting Agent to access the
website (the "Principal"), and the Principal (by engaging the Posting
Agent in
violation of the terms of
use) agrees to pay INDIE GAME JOBS an additional one hundred fifty dollars ($150)
for each Item posted by the Posting Agent on behalf of the Principal in
violation of the terms of use.
f. If you aggregate,
display, copy, duplicate, reproduce, or otherwise exploit for any purpose any
Content (except for your own Content) and or User Content in violation of these
Terms without INDIE GAME JOBS’ express written permission, you agree to pay INDIE
GAME JOBS four thousand dollars ($4,000) for each day on which you engage in
such conduct.
Otherwise, you agree to pay
INDIE GAME JOBS’ actual damages, to the extent such actual damages can be
reasonably calculated. Notwithstanding any other provision of these Terms,
INDIE GAME JOBS retains the right to seek the remedy of specific performance of
any term contained in these Terms, or a preliminary or permanent injunction
against the breach of any such term or in aid of the exercise of any power
granted in these Terms, or any combination thereof.
I AGREE >>