Effective as of 26th September 2017
Welcome to Gamesmith.com (the “Site”), a website operated by Atlantic Trade Charter Inc. (the “Company”).
Please review these Terms carefully. By accessing or using the Site, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Site.
ABOUT THE SITE
The Site allows professional game-makers to claim their credits on games that they have worked on and allows game studios to advertise roles and recruit within the Site.
Any service provided via the Site is called the “Service.”
If you sign up using LinkedIn or Facebook or another social media platform, you will share with us whatever information you choose to share when you sign up.
You will also be asked to create a password.
Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
To use the paid Service, you will be charged a fee. This fee is currently collected via (our “Billing Service Provider”), which has its own legal terms.
You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or another payment method. You represent and warrant that such information is true and that you are authorized to use the payment method.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you per the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.
You can terminate your use of the Service, change your password, and otherwise manage your account using the Site.
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or in an email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
If you properly terminate your paid account before the end of a billing cycle (A billing cycle is defined as the time period on your sales order i.e annual, quarterly, monthly, etc.), you will not be charged for future billing cycles. However, you will not receive a refund for any unused portion of a billing cycle for which you have already paid.
CONTENT AND RESTRICTIONS
You may provide text, images, software, videos and/or other material, including third party content (“User Content”) that you share using the Site or Service.
Your User Content belongs to you.
However, you grant the Company the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and User Content that you provide through the Site or Service, without any further consent, notice and/or compensation to you or others.
Other users may access and share your User Content and information, via the Site or Service, social media, email, and otherwise.
If you are a game company recruiter and you post job openings on the Site, you grant us the limited right to use your company name and trademarks to promote the Site. We may use your name and trademarks , on the Site, on landing pages, in social media, and in emails to other users in the context of showing that your company uses the Site.
REMOVING YOUR CONTENT
If you wish us to remove your User Content from the Site or Service, please send an email to email@example.com and we will do so within ten business days of receiving your request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.)
You are solely responsible for the User Content that you make available via the Site or Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site or Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content, or unless your use of the content is within the scope of fair use;
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site or Service is solely your responsibility.
The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the Site or Service.
USE OF THE SITE OR SERVICE
You need to be at least 13 years old to use the Site or Service. You hereby affirm we have the right to terminate your account for any reason with or without prior notice.
Your permission to use the Site or Service is conditioned upon the following restrictions and conditions.
You agree that you will not:
- post or otherwise communicate any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site or Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Site or Service;
- attempt to reverse engineer the Site or Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or Service or use any software, technology, or device to scrape, spider, or crawl the Site or Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site or Service (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Site or Service in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
If you discover that someone else has posted material belonging to you via the Site or Service without your permission, please note the following.
- Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site or Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
- DMCA Take-Down Notices. If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site or Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at :-
- Alexander Churchill
- Atlantic Trade Charter Inc.
- 122 Ward Street
- Larkspur, CA 94939
- Phone: 4152007165
- Email: Alex@Gamesmith.com
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or Service are covered by a single notification, a representative list of such works at the Site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site or Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site or Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site or Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or Service, or transmitted to users.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site or Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Site or Service and special offers. We may also send you chatbot messages via Facebook Messenger, SMS, or Slack if you provide us with this type of contact information. You may opt out of such email and messages by changing your account settings on the Site.
THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE OR SERVICE; (C) THE SITE OR SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site or Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of California. without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Site or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in San Francisco, CA.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Site or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Our Commitment to Your Privacy
What information do we collect?
When you register for the Service you’ll be asked to provide certain information about yourself, such as your name, nickname, gender, age, location and zip code, cell phone number, work history, LinkedIn password, and email address.
If you use a paid Service, our billing service provider will also collect information such as your full name, credit card number, and billing address. Our billing service provider is currently Stripe which has its own legal terms https://stripe.com/us/legal.
We and our third-party service providers may collect certain information about your use of our Site and Service. For example, we may collect and/or use:
- Log information (including your IP address, browser type, Internet service provider, referring and exit pages, operating system, dates/time of access, and related data)
- Information collected by cookies and tracking pixels (as discussed below)
- Web beacons (also called “Internet tags” or “clear gifs”; used to count visitors to our Site and which pages were viewed and links clicked)
- Embedded scripts (code temporarily downloaded onto your device to collect information about your interactions with the Service and thereafter deleted or deactivated)
Where do we store your information?
Your information may be stored in our own servers or in servers owned by third-party cloud storage providers.
How do we use your information?
Information and User Content we collect from you might be used:
- To provide you with Services
- To improve our Site and Services
- For marketing purposes
- To respond to your messages and comments
- To send you technical notices
Cookies are small files that include an anonymous unique identifier. Cookies let us recognize your browser and remember certain information about you in order to personalize your experience of our Site and Service.
We may use both persistent and session cookies. Persistent cookies remain on your computer after you close your session and until you delete them; session cookies expire when you close your browser.
A tracking pixel is a tiny pixel-sized image that allows us to track your website visits, advertising impressions, and other types of Internet activity. It’s also sometimes called a web bug, beacon, or page tag.
Do We Use Google AdWords or other remarketing methods?
We may use the Google AdWords or other remarketing services to advertise on third party websites (including Google) to previous visitors to our Site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network.
You can set preferences for how Google advertises to you using the Google Ad Preferences page.
How Do We Respond to “Do Not Track” Signals?
We may track your browsing behavior to better tailor suggestions and information for you.
Some third party sites also keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.
You can opt out of certain tracking by adjusting the settings on your browser. However, many websites (including the Site) may not respond to such signals.
There are also browser extensions that may block tracking. Again, they may not be effective in all cases.
How long do we store your information?
We intend to store your information and User Content indefinitely.
What about links to other websites?
We may provide links to or compatibility with other websites. However, we’re not responsible for the privacy practices employed by those websites or the information or content they contain.
How do we protect your information?
We use appropriate physical, electronic, and other procedures to safeguard and secure the information we collect. However, please be aware that the Internet is an inherently unsafe environment, and that hackers are constantly working to defeat security measures.
Thus, we cannot guarantee that your information will not be accessed, disclosed, altered or destroyed, and you accept this risk.
How can you protect your information?
We urge you to take steps to keep your personal information safe by not sharing it or your password with others.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personal information for commercial or marketing purposes.
We will, if required by a valid court order, provide your personal information in a civil or criminal proceeding.
Not Intended for Children
Our Site and Service are not intended for children under the age of 13. We do not knowingly or specifically collect information from or about children under the age of 13.
Understanding your California Privacy Rights
California Civil Code Section 1798.83 allows people in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under this law, a business must either provide California customers certain information upon request or permit California customers to opt-in to, or opt-out of, this type of sharing.
We may from time to time elect to share certain information about with third parties for those third parties’ direct marketing purposes. If You are a California resident, you may opt-out of such future sharing by contacting us at: support@Gamesmith.com or by sending a letter to Atlantic Trade Charter, 122 Ward Street, Larkspur, CA, 94939 (Attention: Support Requests must include “California Privacy Rights Request” in the first line of the description and include Your name, street address, city, state, and zip code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mailing address