Welcome to a web site of Ignotus Games, LLC (hereinafter referred to as “our”, “us”, “we” or the “Company”).
We are a Service Provider providing distribution services of various third party “affiliate” web marketing and other marketer programs, some of which may require uploading advertisement content, or even flow such content through our services “live” or on a pass-through basis. The Company is a distributor and not a publisher of the content supplied by third parties and you, and as such, the Company does not have editorial control over any content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including providers, merchants, affiliates, marketers, sponsors, licensors, or any other user of our web sites, are those of the respective authors or distributors and not of the Company or any of its officers, directors, employees, contractors, or agents.
You must be 18 years of age or older to use this web site. If you are not 18 years of age or older, please exit and do not visit this web site.
Our apps and advertisers may collect and transmit usage data within our products; your usage constitutes your consent as applicable.
This web site is for information purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal non-commercial use and not for purposes of resale, distribution, public display, or performance, or any other uses by you in any for or manner whatsoever.
The Company shall not be responsible for any problems or technical malfunctions of any network, computer on-line systems, servers, internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using this web site.
The Company reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this web site or any information contained thereon without liability or notice to you.
You expressly agree that use of any and all of our web sites, such as this one, is at your sole risk. Neither the Company, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party service or content providers (hereinafter referred to as “Providers”), merchants, sponsors, licensors, or the like (collectively referred to on this web site as “Associates”), warrant that the Company’s products or services will be uninterrupted or error-free; nor do they make any warranty as to any results which may be obtained visiting or from using any of the Company’s products, services, web sites, or as to the accuracy, reliability, or currency of any information content, service or merchandise provided through any of the Company’s products, services, or web sites, and if it does not, the company’s sole maximum liability will not be more than to refund the purchase price, or $10.00 USD, whichever is more, at our sole option.
The Company’s products, services, and web sites, are provided on an “AS IS”, “AS AVAILABLE” basis, and the Company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written or electronically delivered information given by the Company or its Associates shall create any warranty of any kind.
In many instances, the content available through the Company’s web sites represents the opinions and judgments of the respective affiliate, marketer, provider, merchant, sponsor, licensor, or user not under contract with the Company. The Company neither endorses nor is responsible fro the accuracy or reliability of any opinion, content, advice, or statement made on any of our web sites made by anyone other than an authorized Company employee. Under no circumstances shall the Company, or its officers, directors, employees, or agents be liable for any loss or damage caused by your reliance on information obtained through our web sites. It is solely your responsibility to evaluate the information, opinion, advice, or other content available through our web sites.
Under no circumstances shall the Company or its Providers or any other party involved in creating, producing, publishing, streaming, or distributing for the Company, be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use the Company’s products, services, or web sites, including but not limited to reliance by you on any information obtained from the Company’s products, services, or web sites, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, 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 the Company’s records, programs, or services, you hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Company’s products, services, and web sites. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states the Company and its Providers liability is limited to the fullest extent permitted by law.
As a visitor to our web site, you acknowledge and agree that any reliance on or use by you of any information available on this web site shall be entirely at your own risk. In no event shall the Company or its Providers be liable for any direct, indirect, consequential o exemplary damages arising from the use or the performance of this web site, even if the Company or such Provider has been advised of the possibility of such damages.
You agree to follow all applicable United States and State of Florida laws and regulations when using this web site.
You agree that you shall not upload, post, or otherwise transmit through or to this web site any content that: (a) is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable, (b) might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others, (c) contain any viruses, trojan horses, time bombs, or any other harmful programs or elements.
You agree that you shall not: (a) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our web site, its computer systems, servers or networks, (b) provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communications, (c) transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages, (d) collect information about other visitors to our web site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addressees, (e) sell access to or the use of this web site, including any content contained on, downloaded or access from this web site, except as specifically permitted in writing by the Company, (f) redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method, (g) intentionally alter the format in which financial data is provided to or by us or otherwise circumvent our regular interfaces to such data.
The foregoing prohibitions expressly include, but are not limited to, the practice of “screen scraping” or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the web site, in any manner or in any quantities not authorized in writing by the Company.
You acknowledge and agree that your business dealings with any third parties, including any merchants, affiliates, or advertisers, found on, or access through our web site and any of their services, including payment for and delivery of any related goods and services, are solely as between you and such third parties. You understand and acknowledge that some services accessible on our web site are provided by third parties (including, but not limited to, affiliate banners, live advertising streams, etcetera), and that in certain instances, we may receive referral fees and or other compensation from third parties on a per use or other bases based on your purchase or use of third party goods or services found on or accessed through our web sites. You acknowledge that in such dealings with third parties, we are not the seller or provider and your agreement of purchase or for services with such third party is solely between you and the third party, and not the Company. The Company assumes no responsibility whatsoever for any charges, losses or liabilities you or any user of your account incurs when making purchases or completing transactions with such third parties. As a user of our web site, you acknowledge and agree that we shall not be responsible or liable in any way for any loss or damage of any kind which you or any other user of your account may incur as a result of, or in connection with, any dealings or transactions with such third parties.
By accessing third party services through our web site, you hereby authorized such third party service providers to provide the Company with personal information regarding your use of and your activities with respect to the purchase and use of third party goods and or services.
Any distribute relating in any way to your visit to our web sites or to products you purchase through our web sites shall be submitted first to mediation with the Hillsborough county Pre-Suit Mediation Program or other mediator acceptable to both parties, and then, if mediation is unsuccessful, to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights or have or about to cause irreparable harm to the Company, then the Company may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association and shall be held in Hillsborough County, Florida. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
Except as may be provided by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right. All trademarks and servicemarks on this web site are the property of their respective owners. Excluding all content uploaded, streamed, or otherwise passed through our marketing services as owned by third parties, all other content on this web site, including without limitation all programs, compiled binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of the Company, and is protected by United States and international copyright law. Any rights not expressly granted to you are reserved by us.
Advertisers, marketers, affiliates, and the like, may only stream, upload, pass-through, or otherwise distribute on our web site, content that is not subject to any copyright or other proprietary rights protection of any third party, or content in which the author has given express authorization or license for distribution on the world wide web. The unauthorized submission, stream, upload, pass-through, or other distribution of copyright or other proprietary content is illegal and could subject YOU, NOT THE COMPANY, to criminal prosecution as well as personal liability for damages in a civil suit. YOU, NOT THE COMPANY, nor any of its officers, directors, employees, agents, merchants, providers, sponsors, licensors, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other hard arising from any such submissions.
By submitting content to or through us, you automatically grant, or warrant that the owner of such content has expressly granted or licensed the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, adapt, create derivative works from and distribute the content in whole or in part worldwide and or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content. You also permit any other user to access, store, or reproduce the content solely for that user’s personal use. Subject to this grant, the owner of the content placed on our web sites retains any and all rights which may exist in such content.
The Company respects the rights of all copyright holders and in this regard it has adopted and implemented a policy that provides for the termination in appropriate circumstances of advertisers, marketers, affiliates, and the like, who infringe the rights of copyright holders or others.
Our policy is to comply with all intellectual property laws, including the United States Digital Millennium Copyright Act (DMCA). As a responsible and caring Service Provider, we will act expeditiously upon receiving any such notice of claimed infringement.
If you believe that your work has been copied or reproduced on this web site in a way that constitutes copyright infringement, you will need to provide the Company’s Designated Copyright Agent the following written communication that includes substantially the following, as required by the Online Copyright Infringement Liability Limitation Act, of the Digital Millennium Copyright Act, 17 U.S.C. 512 (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonable sufficient to permit us to locate the material; (providing URLs in the body of an email is the best way to help us locate content quickly);
(d) Information reasonable sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.;
(e) A statement that the complaining party has a good faith believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and UNDER PENALTY OF PERJURY, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PLEASE NOTE: Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability; and, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The Company’s Designated Copyright Agent (as filed with the United States Register of Copyrights) for notice of claims of copyright infringement on or regarding this site or its services or its products can be reached as follows:
Ignotus Games, LLC Copyright Agent
3905 Tampa RD Unit 960
Oldsmar, FL 34677
Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of affiliates or marketers who are repeat infringers.
Further information regarding the United States DMCA may be found at: http://www.copyright.gov/legislation/dmca.pdf
Important: Our staff is English-speaking, and we can only correspond in English.
If you are an affiliate or other marketer, and you believe your content was unfairly removed via a DMCA removal request, then the process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.