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  1. GEOGRAPHICAL PERIMETERS
  2. The platform, INDIEPLAZA is directed at indie game developers world wide.
  3.  
  4. GLOSSARY
  5. AGREEMENT : EXPRESSES THE CONTRACTUAL LINK AS WELL AS THE TERMS AND CONDITIONS AS SET OUT IN THE CURRENT DOCUMENT.
  6. CLIENT: INDIE GAME DEVELOPERS.
  7. PLATFORM: INDIEPLAZA
  8. MEMBER: THE TERM “MEMBER” DESIGNATES A RECOGNIZED USER OF THE PLATFORM
  9. PUBLISHER: THE PLATFORM INDIEPLAZA.
  10. MARKET: THE MARKET WHICH IS TARGETED BY INDIEPLAZA IS THE INDIE GAME MARKET.
  11. USER: USER IS A GENERIC TERM REFERRING TO WHO HAS ACCESS TO THE PLATFORM
  12. USERNAME: THE TERM “USERNAME” COVERS ALL INFORMATION NECESSARY TO IDENTIFY A USER ON THE PLATFORM AND TO ALLOW THEM ACCESS TO MEMBER-ONLY AREAS.
  13. PASSWORD: THE “PASSWORD “ IS A CONFIDENTIAL PIECE OF INFORMATION WHICH THE USER MUST KEEP SECRET; ALONG WITH THE USERNAME, IT ALLOWS THE USER TO PROVE THEIR IDENTITY
  14.  
  15. PURPOSE AND AREAS OF APPLICATION
  16. The PLATFORM INDIEPLAZA is open to any indie game developer, who in the future, intends to conclude or start a video-game.
  17.  
  18. USE OF THE PLATFORM
  19. Use of the PLATFORM is reserved for USERS who have previously been made aware of, and have accepted the T&Cs by way of ‘clicking the mouse’.
  20. Access to certain parts of the PLATFORM requires a username and password to be entered. The password, chosen by the USER, is personal and confidential.
  21. The USER is solely responsible for any use of their username and password, and promises to keep the password a secret and to not divulge it in any manner. The use of the username and password over the internet is made at the USER’s own risk. It is their responsibility to take any measures necessary to protect their data against any infringement.
  22.  
  23. USER OBLIGATIONS
  24. The USER undertakes to respect the following procedure:
  25. Accept without reservation or contradiction these T&Cs and subscribe online
  26. Protect their username/passwords against any infringement
  27.  
  28. RESPONSIBILITY
  29. Pertaining to the use of the PLATFORM
  30. Responsibility and guarantees of INDIEPLAZA
  31. INDIEPLAZA does not guarantee that the platform will be free of defects, errors or bugs, nor that they may be corrected, or that the platform will operate without interruption or failure, or even that it is compatible with a particular hardware or configuration other than as expressly stated by INDIEPLAZA.
  32. INDIEPLAZA is not responsible for any failures due to third-party software.
  33. In no event can INDIEPLAZA be liable for any consequential damages, foreseeable or unforeseeable, tangible or intangible (including but not limited to loss of profits or opportunities) resulting from the use, or complete or partial inability to use the PLATFORM. Similarly, INDIEPLAZA cannot control all sites which might link to the PLATFORM via hypertext links, which exist only to facilitate the use of the platform by the USER; INDIEPLAZA is not responsible for their content.
  34. INDIEPLAZA are not in any way liable for any failure or improper use of some or all of the services set out in the T&Cs, that are attributable to the USER or to an unforeseeable and insurmountable third party issue, or to a case of absolute necessity.
  35. Responsibility and guarantees of the USER.
  36. The USER acknowledges the characteristics and limitations of the Internet, especially in terms of its technical performance, and response times for the consultation, querying or transference of data and the risks linked to the security of any communications made.
  37. The USER acknowledges that they have verified that the IT setup that they use does not contain any viruses and is in perfect working condition.
  38. The USER has no right to use the PLATFORM in order to make it inaccessible, to hinder its operation, or to change or damage it in any way whatsoever.
  39. The USER has no right to use the PLATFORM illegally, for fraudulent purposes or in connection with illegal activity, including: (i) to send, use, import or export files, illegal content or illegal, offensive, indecent, libelous, defamatory, obscene words, threatening or relating to intellectual property rights, personal rights or third party image rights, (ii) to send or use a computer virus, political opinions, advertisements, or chain letters, (iii) to carry out mass mailings of content or send unsolicited mail and, more generally, to carry out any form of spamming, (iv) to annoy or threaten other USERS of the PLATFORM, (v).
  40.  
  41. SUSPENSION OR LIMITATION OF ACCESS TO THE PLATFORM
  42. INDIEPLAZA may, at its discretion, suspend or restrict the USER’s access to the platform, particularly in cases where the USER contravenes the T&Cs or a breach of the business proposal.
  43. INDIEPLAZA also reserves the right to suspend or limit access to the PLATFORM for maintenance reasons or to allow the installation of new features.
  44.  
  45. COMMUNICATION PROCESS
  46. Communication between INDIEPLAZA and USERS may be carried out via email, telephone, post or by any other means as provided by both current and future technologies.
  47. A business day means a day other than Saturday, Sunday or other official public holiday in the place in which the recipient of the message from INDIEPLAZA resides.
  48.  
  49. INTELLECTUAL PROPERTY
  50. Intellectual property produced by the services provided powered by the PLATFORM belong to the service requesters and service providers, unless service provides agree to be reliefed of intellectual property rights.
  51.  
  52. IT AND DATA PROTECTION
  53. The USER is the only person responsible for the content of any information and documents that he publishes on-line by using the PLATFORM, as well as for any texts and/or opinions that he formulates.
  54. To this end, the USER guarantees that the data provided is not likely to damage the legitimate interests of any third parties. As such, he insures himself against all appeals, whether directly or indirectly based upon his words and/or data, that are open to action being taken against them by whomsoever should encounter them on INDIEPLAZA. He commits in particular to potential payment of any amount(s), whatever they may be, that are as a result of legal action taken by a third party against INDIEPLAZA including legal representation fees and court costs.
  55. INDIEPLAZA reserves the right to suppress all or part of the data, at any moment and for any reason without warning or prior notice. The USER is not in a position to lodge any complaints with regard to this.
  56.  
  57. EVOLUTION OF THE TERMS AND CONDITIONS
  58. INDIEPLAZA reserves the right to modify the terms, conditions and details of these general T&Cs at any moment.
  59. INDIEPLAZA will inform its USERS of any modification to these T&Cs, such as have been accepted by the USER, within a period of 15 calendar days, without explicit notification.
  60. The USER is therefore strongly advised to regularly consult the latest version of the Terms and Conditions of Use available on the platform.
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