Welcome to the http://www.ignitegt.com website ("Website") and thank You for reviewing our Terms and Conditions. We hope that You will enjoy this Website. Ignite Game Technologies Incorporated or its subsidiaries and affiliates ("Provider") makes this Website, including all information, documents, communications, files, text, graphics and audio/visual files (collectively, the "Service") available for Your use subject to the Terms and Conditions set forth below. The Terms and Conditions spell out what You can expect from us and what we expect from You.
By using this Website and You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. Each visitor to the Website (a "User" or "You") who accesses, uses, or downloads in any way, without limitation, any Service from this Website, or merely browses this Website, agrees to and is bound by these Terms and Conditions.
We reserve the right to change the Terms and Conditions at any time, without prior notice to You. In the event we do so, we will post the changes on this page and the date of the changes at the top of this page. Your continued use of the Website following such changes signifies Your acceptance of those modifications. If You do not agree to the changes, Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions, Your authorization to use this Website automatically terminates.
Copyright Information and Personal & Non-Commercial Use Limitation
All Service and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider's Designated Agent listed below. For Your notice to be effective, it must include the following information:
Provider's Designated Agent is:
Ignite Game Technologies Incorporated
1 Bluxome Place, Unit 204 San Francisco CA 94107
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
Provider owns or in the process of registering trademarks for its many goods and services, including, without limitation, simraceway, skillquant and the associated graphics, logos and service marks and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
You expressly agree that use of the Website and Service is at Your sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website.
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE IS PROVIDED BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER'S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
Your access to the Website may be terminated immediately without notice from Provider if in our sole discretion You fail to comply with any term or provision of these Terms and Conditions.
Provider conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods.
All problems encountered during the use of Provider's Services, including those with regard to Your Account, etc., can be reported to Provider when the problem is encountered at firstname.lastname@example.org.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, (b) Your connection to any Provider site; (c) Your violation of these Terms and Conditions; or (d) Your violation of any rights of a third party or service provider.
The failure of Provider to require or enforce strict performance by You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider's right to assert or rely upon any such provision or right in that or any other instance.
If a court of competent jurisdiction determines that any provision of these Terms and Conditions is unenforceable, all other provisions will remain in full force and effect and the unenforceable provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
As required by California Code Section 1789.3, this notice is to advise You that this Website is a service provided by Ignite Game Technologies Incorporated of 1 Bluxome Street, Unit 204 San Francisco If You have a complaint regarding the Service or desire further information on use of the Service, contact email@example.com. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
You are reminded to print these Terms and Conditions in order to avoid misunderstandings at a later time.
The section titles in the TERMS AND CONDITIONS are for convenience only and have no legal or contractual effect.
Date Last Modified: April 1 2012.
These Terms and Conditions may be changed at any time, without prior notice.