Datagame Terms & Conditions,
Throughout this Agreement, we may use certain big fancy lawyer words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
- “Agreement” refers to these Terms of Service;
- “Datagame” refers to our company, known as “BioCentric, Inc.”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
- “Service” refers to the services that we provide through our Site, including our research gamification platform and our Site itself;
- “Content” refers to images that you upload to Datagame for use in providing the Service to you;
- “Site” refers to our websites www.datagame.io, www.dataga.me, kb.datagame.io, and app.dataga.me;
- “User” refers to anyone who uses our Service, including general visitors to our Site;
- “You” refers to you, the person who is entering into this Agreement with Datagame.
3. What Datagame Offers
Datagame is a self-service research gamification platform. Marketers and researchers use Datagame to configure and publish games used to collect behavioral data that answers specific research goals, such as price optimization, feature prioritization, or brand awareness. Anyone can use the Service, although it is intended primarily for (1) market research professionals and (2) market research agencies. If you’re not in one of those groups and you just really like marketing or research, that’s cool, too.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Datagame, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service. We may get suspicious that you’ve violated this clause if you use our Service to conduct market research about how to make people love North Korea more.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age. If you’re under 18, we suggest that you go play with marbles or go to the discotheque or whatever it is that kids do these days.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. Nature of Service
You agree that Datagame is provided on an as-is, where-is basis, and that you will be solely responsible for determining whether Datagame is right for you. While our Service is awesome for market research, we can’t assure you that it will be good for all types of research, including but not limited to reckless experiments which involving creating a race of highly-intelligent cephalopods who quickly become our overlords.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Datagame. Datagame reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Datagame may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your images and you are advised to retain your own copies of all Content posted on the Site.
6. Rules of Use
You must not:
- Violate the laws of the United States, its states, the Planet Kronos, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Datagame. “Objectionable” shall be deemed to include anything relating to Honey Boo Boo. (Just kidding HBB, we love you!)
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, Botox inject, or otherwise compromise the security or integrity of the Datagame Site, Service, or its Users’ computers.
- Do anything else which could bring Datagame into disrepute or violate the rights of any person.
7. Payment, Pricing, and Refunds
Payment can be made by means of credit card via the third party payment service, Stripe. Unless otherwise stated, all prices are listed in United States dollars—we may accept gold doubloons as a novelty if you ask us ahead of time. Direct invoicing is available on annual plans only.
Because our Service is intangible, no refunds are available, even on a pro rata basis.
Additional terms surrounding payments, pricing, refunds, and how to make a really good ham sandwich may be published on our Site and are hereby incorporated into this Agreement by reference.
Datagame may occasionally offer promotional discount codes at trade shows or through other marketing channels. Note the use of the word “occasionally”—please don’t come out to all of our trade show appearances just to get a discount code, because we might not have one available (but you should come anyway). Datagame may refuse to honor such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Where a User conducts a chargeback against Datagame, such User shall be liable to Datagame for the full amount of the chargeback, as well as any reasonable attorneys’ fees, collection agency fees (the legitimate kind, not the send some scary dude named Jimmy Snakes to your door kind), court costs, disbursements, and other expenses incurred by Datagame in the enforcement of its rights under this section.
10. Our Copyright
You agree not to copy, distribute, display, disseminate, inseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
11. Your Copyright
Datagame must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, publish, and otherwise make use of the content that you submit to us for purposes of delivering your configured game (note that data you submit to us when creating a game will be deleted when you delete the game). You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Datagame”, “BioCentric,” the Datagame logo, the BioCentric logo, and “datagame” are marks used by us, BioCentric, Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website, business, or lemonade stand.
13. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you. We therefore recommend that you do not christen your brand new yacht under the name “Datagame” unless you have a separate contract with us relating to using our name, because we may have to reluctantly take said yacht and have parties on it.
14. Representations & Warranties
BILLIONS OF YEARS AGO, BEFORE THE DAWN OF MAN, STRANGE CREATURES LEFT A STONE TABLET ON EARTH THAT SAID ALL WARRANTIES SECTIONS OF DOCUMENTS SHOULD FOR SOME REASON BE WRITTEN LIKE THE WRITER IS SHOUTING, EVEN THOUGH IT’S JUST AS LEGALLY BINDING IF IT’S WRITTEN NORMALLY. NONETHELESS, WE HAVE ADHERED TO THIS TRADITION AND SHALL NOW TYPE IN ALL CAPS. PLEASE BE ADVISED THAT THIS DOES NOT MEAN WE ARE ANGRY. WE LOVE YOU.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING STRIPE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
OKAY, WE CAN STOP YELLING NOW.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. Essentially, if you do something that puts us in a position where our case is the legal equivalent of trying to send a blind midget to fight Mike Tyson, we have the right to settle and make you pay for it instead of wasting time fighting it and being yelled at by an angry man in a black dress known as a judge.
16. Choice of Law
This Agreement shall be governed by the laws in force in the State of New Jersey. The offer and acceptance of this contract are deemed to have occurred in the State of New Jersey. The Louisiana Purchase included the State of Missouri. For more facts about Missouri, please contact your local Missouri-ologist.
17. Forum of Dispute
Because wagering by means of chicken races is no longer fashionable as an arbitration method in the legal community, you agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of New Jersey. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of the State of New Jersey (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
18. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, zombie attacks, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, Martian invasions, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, the explosion of a stinky cheese factory, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Datagame shall have the sole right to elect which provision remains in force. Datagame may do this by playing a high stakes game of checkers to see which provision remains in effect, or simply choosing which provision it prefers.
Datagame reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. In other words, if Bob drops a sledgehammer on our toes by accident and we let it slide because we like Bob, it does not mean that Dave, who witnessed it, can come along and hammer our toes and think that we’ve in any way indicated it’s okay to do so. Please leave our toes alone.
21. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
22. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion, including by playing a corporate game of “duck, duck, goose” where the goose gets assigned the rights and obligations of our company. It is highly unlikely that we will do this, however, as we enjoy what we do and will continue to do so for the foreseeable future.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and e-mail you to inform you that there has been a change, or, if there is an Internet traffic jam that day, we may elect to use carrier pigeons. Your continued use of our Service shall constitute your acceptance of any such amendments.
24. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Datagame must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most recent contact information, please send a request to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.