Terms & Conditions
TIGA – Website Terms of Use
These website terms of use ("Terms") apply to your use of the www.tiga.org website ("Website") which we own and maintain. These Terms should be read alongside, and are in addition to, our privacy policy (accessible online at http://www.tiga.org/privacy) and any other agreements you may enter into with us (for example membership terms and conditions).
Please read these Terms carefully. By using the Website you agree that you agree to these Terms in their entirety. If you do not agree to these Terms, you must stop using the Website immediately.
About us
We are The Independent Games Developers Association, a company registered in England and Wales with company number 04147291 and whose registered address is at 6th Floor, One London Wall, London EC2Y 5EB ("we", "us", "our") . Our VAT number is 777 3359 84.
Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please contact us by e-mail at info@tiga.org.
Access to Our Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.
Use of Our Website
You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Intellectual property rights
We own or are licensed to use all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights together with the website design, text and graphics and their selection and arrangement, and all other present and future intellectual property rights and rights in the nature of intellectual property rights ("IPR") existing in, or in relation to, the Website and its content.
All rights and IPR in or relating to any third party content, branding, logos and registered and unregistered trade marks are owned by such third parties or their licensors.
You are permitted to download and print content from the Website solely for your personal use. Website content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances (including any content included contained in any portfolios we may make available to you to view).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our liability to you
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
You have certain rights under the law. These include that we will provide the Website with reasonable skill and care. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights contact Your local Citizens Advice Bureau or Trading Standards Office.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement.
We are not responsible for: (i) losses not caused by our breach; (ii) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms, for example loss of profits or loss of opportunity; and/or (iii) failure or to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control.
We do not guarantee that the Website will be fault free and do not accept any liability for any errors or omissions.
We provide the content on the Website in good faith but give no warranty of representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of, or reliance on, content provided by us on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
Information transmitted via the Website will pass over public telecommunications networks. We cannot guarantee that the Website will be accessible at all times, and accept no liability if the Website is not accessible.
Privacy
We process information about you in accordance with our privacy policy which is accessible herehttp://www.tiga.org/privacy. By using our Website, you consent to such processing.
Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.]
Links from our Website
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources nor any use of personal data by such third party, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Amendments to these Terms
We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
These Terms were last updated on 4 February 2013.
Other important terms
We may wish to transfer our rights or obligations or sub-contract our obligations under this Agreement to another other legal entity. You agree that we may do so provided that: (i) this will not adversely affect the standard of the Wesbite; and (ii) in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under this Agreement to another legal entity, Your only rights under or in connection with this Agreement will be against the new legal entity and not against Us. This Agreement is personal to you. You may not transfer your rights or obligations under this Agreement to anyone else.
If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where You breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer this Agreement as set out above.
We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant United Kingdom law will apply.
TIGA - STUDENT MEMBERSHIP - TERMS
AND CONDITIONS
1.
OUR AGREEMENT
1.1
Acceptance
of Terms
These terms and conditions ("Terms") are the terms on which we provide the Student
Membership to you ("you",
"your"). Please read these
Terms carefully before subscribing. You should print and keep a copy of these
Terms for future reference. We will not file a copy of any orders made by you.These Terms are only
available in the English language.
1.2
Placing
an Order for the Student Membership
Your order for the
Student Membership (defined below) made via our website (currently at www.tiga.org,
though subject to change) ("Website")
constitutes an offer to us to subscribe to the Student Membership. All orders
are subject to acceptance by us. The contract for your subscription to the
Student Membership ("Subscription")
is only formed if/when we send you an email of Subscription confirmation.
We will verify that you are eligible for a Student
Membership. Verification will usually be done by checking your 'ac.uk' email
address. If we have accepted your order and your Subscription has started, but we
subsequently find that you are not eligible (if, for example, we find that you
do not have an 'ac.uk' email address) we may immediately terminate your
Subscription on notice to you and refund any fees you have paid. In any event,
we reserve the right in our absolute discretion to refuse to accept an order
from any person.2.
GENERAL INFORMATION ABOUT US
2.1
We are The Independent Games Developers
Association Limited a company registered in England and Wales under
registration number 04147291. Our registered address is 6th Floor, One London
Wall, London EC2Y 5EB. Our VAT number is 777 3359 84.
2.2
If you have any questions, complaints or
comments about the Student Membership then please contact us on tigastudents@tiga.org.
2.3
We are registered as a data controller for the
purposes of the Data Protection Act 1998. Our registration number on the
register of data controllers maintained by the Information Commissioner is Z1814053.
If you have any queries about how we use your personal data please contact us. Visit http://www.tiga.org/privacy to
see how we use your personal information.
3.
YOUR USE OF THE STUDENT MEMBERSHIP
3.1
Registration,
Passwords and Security
As part of your Student Membership you will be asked to
set-up a password and user name. You are responsible for maintaining the
confidentiality of your password and user name and are responsible for all
activities that are carried out under them. We do not have the means to check
the identities of people using the Student Membership and will not be
responsible for losses suffered by you where your password or user name is used
by someone else unless this is due to our negligence. You agree to notify us
immediately by email to tigastudents@tiga.org if you become aware of or suspect
any unauthorised use of your password or user name. 3.2
Your
promises to us
You confirm that: (a)
all information and details provided by you to us
(including on registration) are true, accurate and up to date in all respects
and at all times. You can update or correct your personal details at any time
by amending your account details at the Website – click on the 'members' area'
and log on to find the page; and
(b)
you will at all times comply with the
restrictions on your use of Student Membership as set out in these Terms.
3.3
User
conduct
You agree that in using the Student Membership you will
not: (a)
use the Student Membership for any unlawful
purpose;
(b)
use the Student Membership in any way that
interrupts, damages, impairs or renders the Website/Student Membership less
efficient;
(c)
transfer files that contain viruses, trojans or
other harmful programs;
(d)
access or attempt to access the accounts of
other users or to penetrate or attempt to penetrate the Website security
measures;
(e)
email or otherwise disseminate any content which
is defamatory, obscene, or may have the effect of being harassing, threatening
or abusive to an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age or disability or that is otherwise
inappropriate; or
(f)
advertise or promote third party or your own
products or services by way of the distribution of 'spam' email.
3.4
We reserve the right to suspend, restrict or
terminate your access to the Website/Student Membership at any time without
notice if we have reasonable grounds to believe you have breached any of these
restrictions. This shall not limit our right to take any other action against you
that we consider appropriate to defend our rights or those of any other person.
3.5
Rights
granted and rights reserved
(a)
Your use of the Student Membership and its
contents grants no rights to you in relation to our intellectual property
rights or the intellectual property of third parties.
(b)
You may not copy, reproduce, republish,
download, post, broadcast, record, transmit, commercially exploit, edit,
communicate to the public or distribute in any way the web pages or materials
on the Website/Student Membership or the computer codes of elements comprising
the Website/Student Membership other than for your own personal use and where
expressly permitted by us to do so. Any use other than that permitted under
this clause may only be undertaken with our prior express authorisation.
(c)
By submitting information, text, photos,
graphics or any other content whatsoever to us in connection with the Student
Membership (for example, posting this on the Website as part of the 'Portfolio'
service) ("Content"), you
grant us the right to use such Content at our own discretion in any media
including, without limitation, to edit, copy, reproduce, disclose and post and
make such materials available on the Website. You agree that we can take down
from the Website any Content you submit to us without notice if we believe it
is in breach of these Terms (and will also use our best efforts to inform you
of this).
3.6
You promise us that any Content you submit to us
via the Website will not infringe the intellectual property or any other rights
of any third parties. In relation to any Content you submit which includes any personal
information (as defined in the Data Protection Act 1998) relating to other
people, for example where they appear in photographs or videos, you also
promise us that you have the right to do so and have obtained all necessary
licences, consents and/or approvals;
3.7
You agree to compensate and defend us fully
against any claims or legal proceedings brought against us by any other person
as a result of the Content you submit and/or your breach of this clause 3.
3.8
You acknowledge and agree that, although we use
reasonable efforts to alert visitors to the Website that they may not misuse your
Content (for example, by using it for commercial purposes), we cannot guarantee
this and accept no liability to you if it is misused by third parties.
3.9
Links to
and from other Websites
We provide links to other websites as part of the Student
Membership (and in particular, as part of the 'Discounts' we may promote). You acknowledge
that: (a)
we do not control such third party websites and
are not responsible for their contents;
(b)
we will not be party to any transaction or
contract with a third party that you may enter into via such websites (for
example, when you take up a discount);
(c)
we shall not be liable to you in respect of any
loss or damage which you may suffer by using those websites; and
(d)
you agree that you will not involve us in any
dispute between you and the third party.
3.10
Competitions
From time to time we
may offer you the chance to enter competitions or prize draws. We will alert you
to any specific terms which apply to such competitions or prize draws at the
relevant time.
4.
THE STUDENT MEMBERSHIP
4.1
About the
Student Membership
(a)
The Student Membership ("Student Membership") includes
access to and use of the benefits and services as are detailed at www.tiga.org/students.
Where any of these are provided by a third party and we subsequently make them
available to you as part of the Student Membership (such as a @member.tiga.org
email address, which is provided by 1 and 1 Internet Limited) your use/receipt
of the same will be subject to the relevant third party's terms and conditions
which we will provide to you upon request (and 1 and 1 Internet Limited's terms
can also be found here https://www.1and1.co.uk/Gtc?__lf=Static&linkOrigin=&linkId=ft.nav.tandc).
(b)
We are constantly looking for ways to improve
and expand the Student Membership. We may amend these Terms from time to time
in order to reflect changes to the Student Membership or for legal, regulatory
or security reasons. We will give you reasonable notice by email of any changes
to these Terms. You may terminate this these Terms by giving notice by email if
we tell you we are changing these Terms to your detriment.
(c)
You agree that any information made available to
you as part of the Student Membership (for example, careers guides) is for
informational purposes only, and you will not rely on any such information. You
agree that we shall not be liable to you in respect of any loss or damage which
you may suffer if you do rely on that information.
(d)
The Website via which you may access many of the
Student Membership services is made available on an 'as is' basis, and we make
no promise as to its availability or that it will be fault free. Whilst we use
reasonable efforts to make the Website available to you, we will not be liable to
you if for any reason our Website is unavailable at any time or for any period.
4.2
The Fees
(a)
The fees for a Subscription are either: (i) £30
per year if you study at one of TIGA's educational members; or (ii) £60 in all other cases.
The fees are payable in full in advance at the start of your Subscription (and
any renewal of it).
(b)
You confirm that the credit/debit card that is
being used is yours. All credit/debit card holders are subject to validation
checks and authorisation by the card issuer. If the issuer of your card refuses
to authorise payment we will not accept your order and we will not be
responsible for any non-provision of the Student Membership. We are not
responsible for your card issuer or bank charging you as a result of our
processing of your credit/debit card payment in accordance with your order.
4.3
Term and
cancellation
(a)
Your Subscription will begin on the date we send
you an email confirming your Subscription and will continue for a 'Minimum Subscription Period' of 12
months, or until we or you terminate or cancel it in a manner set out in these
Terms. If you have not provided us with details of your 'ac.uk' email address
when submitting an order for the Subscription, the Subscription will still
begin on the date we send you email confirmation but you will not be able to access the Student Membership services until
we receive details of this email address and verify it (and we may also
terminate your Subscription under clause 1.2 of these Terms if we discover you
do not have a valid 'ac.uk' email address).
(b)
During the Minimum Subscription Period you may
only terminate these Terms by:
(i)
giving us written notice under clause 4.1(b) if we
have told you we are going to change the Student Membership to your detriment;
and/or
(ii)
under clause 4.4.
(c)
At the end of the Minimum Subscription Period your
Subscription will automatically renew for
a further period of 12 months ("Further Period") (and then again at
the end of each Further Period thereafter). We will notify you by email 4
weeks prior to the end of the Minimum Subscription Period/Further Period to
remind you that the Subscription is going to automatically renew, and notify
you of any changes to the fees. You may
cancel a renewal at any time during this 4 week period by notifying us in
writing at tigastudents@tiga.org. If we do not hear from you within this 4
week period, we will debit your credit/debit card at the start of the Further
Period for the relevant fees notified to you and your Subscription will renew
for that Further Period.
(d)
We may terminate these Terms at any time by
giving you 30 days' notice in writing by email to your registered email address.
We will refund the fees which you have paid in advance for a Subscription for
the period after the Terms have ended.
(e)
We may also suspend your Subscription and/or terminate
the Terms (in whole or in part) without notice and without refunding any fees
in the following circumstances:
·
if you materially breach any of your obligations
under these Terms and, where capable of remedy, do not remedy the breach within
30 days of us asking you to; or·
if bankruptcy proceedings are brought against you,
or if you do not pay a court judgment on time, or if you make an arrangement
with your creditors or if your assets are the subject of any form of seizure. 4.4
Cancellation
rights under distance selling legislation
In addition to your rights of termination as set out in clause
4.3(b) above, under the Consumer Protection (Distance Selling Regulations) 2000
you may cancel these Terms within seven working days commencing on the day
after we send you an email confirming your Subscription by contacting us in
writing at tigastudents@tiga.org. Where you exercise such right of
cancellation, we will refund any fees you have paid. 5.
Our legal obligations and limits on our
liability
5.1
We accept liability for death or personal injury
caused by our negligence or that of our employees and agents. We do not seek to
exclude liability for fraudulent misrepresentation by us or our employees or
agents.
5.2
You have certain rights under the law. These
include that we will provide the Student Membership to a reasonable standard
and within a reasonable time. Nothing in these Terms is intended to affect
these statutory rights. For more information about your statutory rights
contact your local Citizens Advice Bureau or Trading Standards Office.
5.3
If we breach these Terms we shall only be liable
for losses which are a reasonably foreseeable consequence of such a breach.
Losses are foreseeable where they could be contemplated by you and us at the
time of entering into this these Terms.
5.4
We are not responsible for:
·
losses not caused by our breach; ·
indirect losses which are a side effect of the
main loss or damage and which are not reasonably foreseeable by you and us at
the time of entering into these Terms, for example loss of profits or loss of
opportunity; and/or·
failure to provide the Student Membership or to
meet any of our obligations under these Terms where such failure is due to events
beyond our reasonable control. 5.5
Our total liability to you for any loss or damage
arising in connection with these Terms shall be limited to the fees you pay us
for the Subscription.
6.
General
6.1
We may wish to transfer our rights or
obligations or sub-contract our obligations under these Terms to another other
legal entity. you agree that we may do so provided that: (i) this will not
adversely affect the standard of service you receive under these Terms; and (ii)
in the case of transfer only, after we notify you of the date on which we will
transfer our rights and obligations under these Terms to another legal entity, your
only rights under or in connection with these Terms will be against the new legal
entity and not against us. These Terms are personal to you. You may not
transfer your rights or obligations under these Terms to anyone else.
6.2
If you breach these Terms and we take no action
against you, we will still be entitled to use our rights and remedies in any
other situation where you breach these Terms.
6.3
If we take legal action against you for
non-payment or any other breach of these Terms and a court makes an award in our
favour you will be responsible for all costs allowable by the Courts.
6.4
If any part of these Terms is disallowed or
found to be ineffective by any court or regulator, the other provisions shall
continue to apply.
6.5
These Terms are not intended to give rights to
anyone except you and us. This does not affect our right to transfer these
Terms under clause 6.1
6.6
We will do our best to resolve any disputes over
these Terms. If you wish to take court proceedings against us you must do so
within the United Kingdom. Relevant United Kingdom law will apply.
Thank you for visiting our Website.