Last Updated: 3rd March 2022
These Terms and Conditions (“Terms”) govern the access to and use of https://gameopedia.com (“Website”), except where we expressly state that separate terms apply. These Terms may be updated by us from time to time in accordance with these provisions. You may always view the most recent version of the Terms on the Website. Please do not access or use the Website if you do not agree to the Terms.
1. GENERAL TERMS
1.1. The Website is made available by Gameopedia AS and its affiliates (“Gameopedia”, “we”, or “us”).
1.2. The Terms also include our privacy policy, available at [https://www.gameopedia.com/privacy-policy/] (“Privacy Policy”) and any guidelines, additional terms, policies, or disclaimers made available or issued and updated by us from time to time, each of which are incorporated by reference in these Terms.
1.3. These Terms constitute a binding and enforceable contract between us and you, an end user of the Website (“you”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms.
1.4. You agree and acknowledge that by accessing the Website, you have read, understood, and are bound by the Terms.
1.5. The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Website. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Website once the revised Terms have been posted.
2. PURPOSE OF THE WEBSITE
2.1. We provide video game data to eRetailers, Appstores and content distribution platforms among others in the gaming industry. The data could range from metadata, in-depth game breakdowns using our taxonomy, sentiment analysis, to game content for creating reference fingerprints.
2.2. Please note that the Website contains information about the products and services we offer and is for informational purposes only. Information that is available on or through the Website should not be construed as a commercial offer. The availability of such information does not create any professional relationship between you and us.
2.3. Our products and services are bound by additional terms and conditions that are made available by us from time to time. If you have any questions about our products and services, please contact us at [the address provided in Clause 16].
3. USER INFORMATION
3.1. The Website allows you to share your personal data and other information with us (“User Information”). Please note that your User Information may be used by us to engage and interact with you and provide you with our products and services.
3.2. We collect and use your User Information in accordance with our Privacy Policy if such information constitutes personal data or information under applicable laws.
4. USER SUBMISSIONS
4.1. Our Website may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Website (“User Submissions”).
4.2. User Submissions will be treated as non-proprietary and non-confidential. By posting any User Submission, you grant us a royalty-free, perpetual, irrevocable, world-wide, and sub-licensable license to access, copy, modify, adapt, reproduce, redistribute, publish, create derivative works from, compile, arrange, display, disclose, or otherwise make use of User Submissions in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, for any purpose and in any way without due compensation to you.
4.3. You understand and acknowledge that you are solely responsible for any User Submission you post, and you have full responsibility for such submission, including its legality, reliability, accuracy, and appropriateness. We are not liable for the content or accuracy of any User Submission posted by you or any other user.
5. REPORTING, REVIEW, AND TAKEDOWN
5.1. We strive to respond quickly when we receive proper notice of allegations of violations of intellectual property rights and are happy to assist you in any way we reasonably and legally can.
5.2. If you believe any material on our Website infringes your intellectual property rights, please send us a notice to [the address provided in Clause 16] and provide us with the following information:
(a) Your contact details;
(b) Exact and complete links to the alleged infringing material; and
(c) Exact and complete links to websites or any other proof of your ownership of the material you allege is being infringed (for example, in the event of an alleged intellectual property rights’ violation, please provide links to your authorised website on which you make your intellectually property available or a registration certificate of your intellectual property).
5.3. We shall review your complaint and may make attempts to restrict access to or take down material if we find that it infringes your rights. We may also make a reasonable attempt to contact the party accused of the alleged infringement and request for clarifications or direct them to cease activities that infringe your rights.
5.4. We will notify you within [21 (Twenty One)] days of the completion of our review. Please note that in accordance with our Privacy Policy, we generally do not share personal information of users registered on our Website.
5.5. If you believe in good faith that your copyrighted material has been removed by mistake or misidentification, and wish for Gameopedia to replace or restore access to such material, please send a counter-notice to [the address provided in Clause 16] that includes:
(a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
(b) Exact and complete links to websites or any other proof of your ownership of the material that has been removed or to which access has been disabled.
5.6. Please note that allegations of violations of rights are a serious matter. In the event we find that your claims are frivolous or untrue, we may restrict your access to our Website or impose such other penalty as we deem fit. We may also restrict repeated infringers or those who make frivolous complaints from using our Website.
6. YOUR RESPONSIBILITIES
6.1. By using the Website, you agree not to:
(a) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
(b) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works, rent, or license the Website or any portion thereof;
(c) download or copy any kind of information for the benefit of another individual, vendor, or third party;
(d) cache unauthorised hypertext links to the Website;
(e) engage in the systematic retrieval of content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory;
(f) upload, post, or transmit any information through the Website that you do not have a right to make available (such as the intellectual property of another party);
(g) upload, post, or transmit any material that contains software viruses or any other computer code, files, or programmes designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or equipment;
(h) undertake any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(i) use data mining, robots, or similar data gathering and extraction tools;
(j) make any back-up or archival copies of the Website or any part thereof;
(k) access, monitor, or copy any information on the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(l) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
(m) deep-link to any portion of the Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission;
(n) frame, mirror, or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
(o) use the Website in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms; and
(p) violate applicable laws in any manner.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The Website contains copyrighted material, trademarks, and other proprietary information that belongs to us or our licensors, and you agree not to use, or otherwise reproduce separately, our proprietary rights from the textual content associated with them without obtaining our prior written consent. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content on the Website, including copyright, trademark, and other intellectual property notices.
7.2. The contents of the Website may not be copied, recopied, reproduced, or otherwise redistributed. You may not copy, display, download, distribute, modify, reproduce, republish, or retransmit any information, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, or documents, without our express written consent or as otherwise permitted in these Terms.
7.3. You agree that you shall not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing the Website (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Website other than as specifically authorised by us is strictly prohibited.
7.4. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or licence to Gameopedia’s or any third party’s intellectual property rights.
8. THIRD PARTY WEBSITES OR SERVICES
8.1. The Website may provide or facilitate, or third parties may provide, links or access to other sites, services, and resources (“Third Party Services”). We do not control Third Party Services and are not responsible for and do not endorse such Third Party Services. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness.
8.2. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any Third Party Services.
8.3. Any dealings you have with third parties while using the Website are between you and the third party, and you agree that we shall not be liable for any loss or claim that you may have against any such third party.
8.4. All intellectual property rights in and to Third Party Services are the property of the respective third parties.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
9.1. The features and services on the Website are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, completeness, or reliability of any information provided on or through the Website. We hereby disclaim all express and implied representations, warranties, and guarantees as to the validity, accuracy, correctness, completeness, and reliability of any such information and material on the Website.
9.2. We expressly disclaim any warranties and conditions of any kind, whether implied or statutory, including without limitation merchantability, fitness for a particular purpose, accuracy, title, non-infringement of third-party rights, and any warranties arising out of the use of our Website.
9.3. We do not guarantee that access to the Website will be uninterrupted, or free from error, defect, loss, delay in operation, cyber-attacks, viruses, interference, hacking, malware, or other security intrusions, and we disclaim any liability relating hereto.
9.4. No advice or information, whether oral or written, obtained from us shall create any warranty that is not expressly stated in the Terms.
9.5. You hereby accept full responsibility for any consequences that may arise from your use of the Website, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
9.6. In no event shall we be liable to compensate you or any third party for any direct, special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence, other tortuous action, or any other claim arising out of or in connection with your use of or access to the Website, for an amount greater than USD 250 (Two Hundred and Fifty).
10. INDEMNITY AND RELEASE
You agree to indemnify and hold harmless us, and our affiliates, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your negligent or unlawful use of the Website or against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees), arising out of or relating to these Terms, your use of the Website, a breach of any provision of these Terms by you, or any third-party claim to the extent arising from or connected with an allegation that your use of the Website in accordance with these Terms infringes the rights of a third party.
11. TERMINATION
11.1. You agree that we may, in our sole discretion, suspend or terminate your use of the Website for any reason, including where we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may also at our sole discretion and at any time discontinue the provision of the Website, or any part thereof, with or without notice. You agree that we will not be liable to you or any third party for termination of your access to the Website.
11.2. Upon termination, these Terms shall terminate, except for those clauses that are intended to survive expiry or termination.
12. NO WAIVER AND SEVERABILITY
12.1. You agree that no action of ours, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms. In the event any clause of these Terms is found to be unenforceable, then wherever possible, this will not affect any other clause, and each clause will remain in full force and effect.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1. You agree that the laws of Norway shall govern these Terms, and that any dispute arising out of or relating to these Terms shall be referred to and finally resolved in accordance with the [[Arbitration Act, 2004 and any statutory amendments thereto or re-enactment thereof for the time being in force]]. The arbitral proceedings shall be conducted in accordance with the JAMS International Arbitration Rules for the time being in force, which are deemed to be incorporated by reference in this Clause 13, by a sole arbitrator appointed by us. The venue of the arbitration shall be Oslo, Norway. The language of the arbitration shall be English. Subject to the above, the courts at Oslo shall have exclusive jurisdiction over any dispute arising out of these Terms.
14. THIRD PARTY RIGHTS
14.1. No third party shall have any rights to enforce any terms contained herein.
15. ASSIGNMENT
15.1. You shall not license, transfer, or assign the rights, obligations, or covenants under these Terms in any manner without our prior written consent. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with our services without any prior notice to you.
16. CONTACT US
16.1. You may write to us with any enquiry relating to these Terms or an enquiry relating to our Website at the address provided below:
Address: Gameopedia AS Skogfaret 42,
N-2020, Skedsmokorset,
Oslo, Norway
Email Address: [email protected]