Terms & Conditions

Terms and Conditions of Use

1. The Site is a Venue.

1.1. WE ARE NOT A PARTY TO ANY TRANSACTION.

2. Personal Use.

2.1. We do not charge visitors to access the Site and listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise games and related business opportunities and/or research, view or make legitimate enquiries to members regarding their interest in particular games, services or companies, all in accordance with these Terms. Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

3. Proprietary Rights and Downloading of Information From the Site.

3.1. The text, files, images, information and other materials on the Site (collectively, the "content") are only for your personal use. All content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than for your personal use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of a legitimate enquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form "© 2009 Newzoo B.V . - All Rights Reserved" as from time to time displayed on the relevant portion(s) of the Site that you desire to download, display or print.

4. Unauthorized Use.

4.1. Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
• Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
• Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
• Reverse engineer any part of this Site, save to the extent expressly permitted by applicable law;
• Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
• Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
• Use the Site other than to advertise and/or research games and related business opportunities and to make legitimate enquiries to our members;
• Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
• Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
• Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our members;
• Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
• Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
• Disguise the origin of the information transmitted through the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to info@newzoo.com.

5. Changes to Site; Unavailability of Site.

5.1. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Site for similar reasons.

5.2. There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Site or any of its specific features.

6. Limitations of Use of Other User's Information; No Spam.

6.1. You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a commercial transaction between you and the other user and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

6.2. We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Site user to your mailing list (email or physical mail) without the user's express consent.

7. Responsibility for user-contributed content.

7.1. We have no duty to pre-screen content posted on the Site by members or other users, (collectively, "user-contributed content"), and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from, any user-contributed content that fails to meet our content requirements. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user under Clause 4 or 13 of these Terms or by a third party, that Clause 4 of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of that user-contributed content.

7.2. All listings on the Site are submitted by the member and are the responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their information up to date on the Site, including, but not limited to any and all representations. We do not represent or warrant that any of the copy, content or other information published on the Site is accurate or up-to-date. Members are solely responsible for ensuring the accuracy of any descriptions. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.

8. Limitation of Liability.

8.1. In no event will the Site, our parent (Newzoo B.V.), subsidiaries, affiliates, officers, directors and/or employees (collectively, the Newzoo Group") be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our Site, these Terms, your use of the Site and/or any transaction between users, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the Site, you do not agree with any part of these Terms, then your sole and exclusive remedy against us is to discontinue using the Site. In all events, our liability, and the liability of any member of the Newzoo Group, to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) €100.00 in the aggregate. Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our negligence; nor for our fraud or our fraudulent misrepresentation.

9. Disclaimer.

9.1. We warrant that the Site will be provided with reasonable care and skill with the intention of meeting our technical specifications for the Site, but we cannot and do not guarantee that the Site will meet your requirements, including (without limitation) as to the availability or speed of delivery of the Site, any of its features of content, any communication through or relating to the Site, or any transaction you may enter into with other users. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms relating to the Site or any of its content, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of our fraud or our fraudulent misrepresentation, or where such exclusion is not permitted by law. We do not warrant that the functions of the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components, although we will take reasonable steps to avoid ourselves introducing viruses or other harmful components to the Site.

9.2. You acknowledge that any transmission to and from this Site is not confidential and your communications may be read or intercepted by others.

10. Release.

10.1. In the event that you have a dispute with one or more other users (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release and discharge us from all liabilities, claims and expenses which arise out of or in connection with that dispute.

11. Indemnity.

11.1. You agree to indemnify any member of the Newzoo Group against all liabilities, claims and expenses (including reasonable legal fees) that may arise out of or in connection with (a) any breach of these Terms by you or through a machine on which you access the Site; (b) any of your user-contributed content infringing these Terms or the rights of any person or entity; or (c) any other transaction to which you are party or that is entered into in connection with this Site.

11.2. If any claim is made against us that you indemnify us for under Clause 15.1, then (a) we will have the right to conduct its defense and settlement, but (b) we will take reasonable account of any representations you make to us as to such defense and settlement.

12. Choice of Law and Forum.
This Agreement shall be governed by and construed in accordance with the laws of The Netherlands and subject to the non-exclusive jurisdiction of the Dutch courts.

13. Notification of Infringing Content.

13.1. If you see or experience any user-contributed or other content, activity or communication through or in connection with the Site, that appears to infringe any requirement of these Terms, we would like you to inform us at info@newzoo.com. We rely upon users to notify us of infringing content, activity and communications.

14. Amendments.
We reserve the right to change these Terms from time to time, and post the new version of these Terms. When we do so, we will notify users of the fact that there are changed Terms on the Site, and the new version of these Terms will take effect, and will govern this Site and your relationship with us commencing one month after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; if you do not wish to be governed by the new version of these Terms, you may notify us in writing on or before the date when the new version of these Terms is to take effect, and:

1. from that date you must cease to use this Site; and
2. if you are a member, then you can choose instead to remain bound by the previous version of these Terms until the end of the period for which you have paid charges to list information on the Site; or

15. Links to Third-Party Sites.

15.1. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.

16. Miscellaneous.

16.1. These Terms are intended to constitute the entire agreement between us and you with respect to your use of the Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or other unauthorized use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall deemed severed, and the remainder of these Terms shall continue in full force and effect.