IndiePubGames.com (the "Site") is owned by Zoo Publishing, Inc. ("Zoo Publishing"). This is an agreement between you and Zoo Publishing. Please read it carefully as it is binding on you.
Acceptance of Terms
Zoo Publishing Content
You understand that all material transmitted through, or linked from the Site are the sole responsibility of the person from whom such material originated. Furthermore, the Site and material available through the Site may contain links to other websites, which are completely independent of Zoo Publishing. Those links do not imply any endorsement by Zoo Publishing and Zoo Publishing makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such websites. Your linking to any other websites is at your own risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any element of the Site. We retain full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code and other code). None of the material contained in the Site may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Site are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of Zoo Publishing. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use. With the exception of content posted by registered users of the Site, all content of the Site is owned by Zoo Publishing. All rights are reserved.
Zoo Publishing, IndiePub Games and our logo are trademarks of ours and are protected by state and federal laws. Other logos, and trademarks and service marks depicted on this Site are the property of their respective owners. Your unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could subject you to substantial civil penalties.
By submitting or uploading content on the Site you acknowledge that that content might be posted on the Site and therefore that information will be visible to users of the Site. Therefore, exercise caution when submitting content that contains personal information to the Site.
User Submissions: Some content on Zoo Publishing is submitted by our registered users "User Content". You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any User Content, nor do we endorse such User Content. We do not verify the identity of people using our Site. You use the Site and the User Content at your own risk.
Posting of User Content Requirements: All content that you upload to the Site, must comply with these Terms. You take sole responsibility for all content that you submit for posting on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person who assisted you in the creation of that content or any person shown in a photo or video that you upload or identified in any writing that you post. You represent, warrant and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the Site any material which:
We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these Terms.
Grant of Rights: By submitting content to the Site, you grant to Zoo Publishing, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms.
User Responsibility: You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Zoo Publishing, and its subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that any of them may incur in connection with a third party claim, or otherwise, arising out of or in connection with the materials you submit, or make available for posting, your use of the Site, your violation of the Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity. We have the right to view and monitor any content submitted to us and we reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of Zoo Publishing, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve our Site and the experience of our users.
Inappropriate Content: If you believe that any postings on the Site violate these Terms, please let us know by clicking on the "Contact Us" link at the bottom of any page on the Site, and then sending us an email to support@IndiePubGames.com. We try to review all reported violations and, if we agree with you, we'll take appropriate action. However, in all cases, we are the final judge on whether these Terms have been violated and we will determine what, if any, action should be taken.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE:
Zoo Publishing, Inc. has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any User Content on the Site which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
Att: Legal Department
770 Broadway, Suite 215,
New York, NY 10003
Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, AND ANY THIRD PARTY CONTENT POSTED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE), ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT ZOO PUBLISHING MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT ZOO PUBLISHING DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. ZOO PUBLISHING (I) DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE. (II) DISCLAIMS ANY WARRANTIES FOR OTHER SERVICE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR ACCESSED THROUGH ANY LINKS ON THE SITE, AND (III) DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH ZOO PUBLISHING. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPlY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE FULLEST EXTENT PERMITTED BY LAW,
ZOO PUBLISHING DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SITE, ANY USER CONTENT POSTED ON OR ACCESSIBLE ON OR FROM THE SITE AND ANY LINKED SITES OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, SERVICES OR CONTENT CONTAINED ON THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL ZOO PUBLISHING BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZOO PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ZOO PUBLISHING SITE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM THE INABILITY TO USE THE ZOO PUBLISHING SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF ZOO PUBLISHING AND ANY OTHER PARTY INVOLVED IN CREATING, administrating, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID by the COMPLAINANT TO Zoo Publishing OR $10. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
This agreement shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Zoo Publishing, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred. You agree that, with the exception of injunctive relief sought by Zoo Publishing for any violation of Zoo Publishing's proprietary or other rights, any and all disputes relating to these Terms, your use of the Site [shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before a single independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA.]
You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, Posting of User Requirements, Grant of Rights, User Responsibility, Disclaimer of Warranties, Limitations of Liability, Indemnity and General Information shall survive any such termination.
Modification of Terms: We may change the Terms from time to time by updating this posting and changing the Effective Date referenced below. Please visit the Terms area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site constitutes an affirmative acknowledgment by you of the Terms modifications and your agreement to abide and be bound by the Terms as modified.
Effective Date: 05/01/2010
11258 Cornell Park Drive
Cincinnati, OH 45242