Game Institute User Agreement

The following User Agreement applies to the www.gameinstitute.com web site ("Web Site") and to the software, services, products, resources, information, content and materials on the www.gameinstitute.com Web Site ("Site Content"). The www.gameinstitute.com Web Site is provided by e-Institute, Inc. (Collectively referred to in this agreement as “GameInstitute” or “Supplier”). By using the GameInstitute Web Site or Site Contents you accept and agree to comply with the following User Agreement. Your use of certain resources made available on the GameInstitute Web Site or the conduct of certain transactions may be subject to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. GameInstitute reserves the right to modify, alter, update, or remove portions of this User Agreement at any time, so please check this User Agreement (and GameInstitute's Privacy Policy) from time to time. Your continued use of the GameInstitute web site signifies your acceptance of any changed items. If you do not agree with GameInstitute's User Agreement, your sole remedy is to discontinue your use of the GameInstitute web site. The failure of the GameInstitute to enforce, in whole or in part, this User Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Fees and Conditions:

Fees for content and services are identified at various locations throughout the Web Site and in your Shopping Cart during the Checkout process. When you have completed the payment portion of any purchase, you will be committed to this purchase. Once something has been purchased, there are no refunds except where noted on the site.

Note: Participation in events and discussions is highly recommended to maximize your learning experience. However, GameInstitute cannot give any refunds or credits to customers who, for whatever reason, choose not to participate in all or part of the experience.

As a member of www.gameinstitute.com, you are also agreeing to abide by the terms of our User Agreement.

Billing

Your credit card will normally be billed immediately after agreeing to purchase a GameInstitute product or service, but in some cases it may take up to 24-72 hours for the transaction to be finalized. Please note that the company appearing on your credit card invoice is “eInstitute, Inc”

Community Conduct

While using the GameInstitute Web Site or Site Contents, you are a part of GameInstitute's community, and you agree that your use will respect the rights of other members of the community. In particular you agree not to: (1) restrict or inhibit any other user from using the GameInstitute Web Site or Site Content or from purchasing any products or services sold by GameInstitute or through their affiliate relationships; (2) take any action intended to threaten, intimidate or harass any other user of the GameInstitute Web Site, or use language which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, otherwise objectionable or harmful; (3) use the GameInstitute Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in a designated section of the site, should this be available, where is it specifically permitted; or (4) submit, publish, distribute, or transmit through the GameInstitute Web Site or its e-mail links materials that do not meet the requirements of this User Agreement; or (5) impersonate any person or entity or forge anyone else's digital or manual signature or attempt to gain unauthorized access to GameInstitute's or any other person's computers, software or data, including the GameInstitute Web Site.

GameInstitute reserves the right to prohibit use of the GameInstitute Web Site or the purchase of products and services from GameInstitute by any user who, in GameInstitute's sole discretion, violates this User Agreement. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify GameInstitute, and GameInstitute will work in good faith to resolve any such issues. However, GameInstitute has no obligation to monitor the GameInstitute Web Site or Site Content and is not responsible for the accuracy or reliability of any Site Content or opinion, advice, or statement made on the GameInstitute web site, or for any defamatory, offensive, or illegal conduct by any user of the GameInstitute web site.

GameInstitute reserves the right to investigate suspected violations of this User Agreement, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on GameInstitute's servers and network. You hereby authorize GameInstitute and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this User Agreement. Such cooperation may include GameInstitute providing the username, IP address, or other identifying information.

Submissions to GameInstitute

While participating in the GameInstitute community, you may submit to GameInstitute resources, links, applets, information, content, software code, graphics, artwork, templates or other materials ("Submissions") in accordance with the guidelines set forth at the areas of the GameInstitute web site where Submissions are accepted. You hereby grant to GameInstitute a non-exclusive, perpetual, worldwide, royalty-free license to link to, reproduce, distribute, adapt, perform, display and create derivative works from your Submissions, and to sublicense any of the foregoing rights. If your Submissions include software source code, the foregoing license includes the right to analyze, report on, summarize and display the source code. GameInstitute reserves the right at any time and without notice to refuse to post or to remove any Submission, in its sole discretion.

You agree that your Submissions will meet all of the following requirements for appropriate content, and make the following representations and warranties to GameInstitute:

Downloading Software

All software and documentation available for download or purchase from the GameInstitute web site is the copyrighted work of GameInstitute or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the Site Content on the computer on which the content was downloaded and may not transfer it in any way to another computer, disk, tape or paper, except that you may print one copy of the course text for personal use only. Furthermore, you are only licensed to use the software subject to additional restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other Site Content downloaded or otherwise obtained through the use of the GameInstitute web site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other Site Content. GameInstitute makes no representations that source code submitted by community members on GameInstitute’s message board or chat room is not subject to copyright by unrelated or unknown third parties.

Course Content

For the purposes of this section "Course Content" shall mean all source code, projects, art assets, scripts, tools, sound effects, and all other material that is made available as part of a GameInstitute course, either downloaded from the Web or made available in streamable format or on CD or DVD ROM. All Course Content is the copyrighted work of GameInstitute, its teachers, or its licensors. If you intend to use GameInstitute Course Content in any project (commercial or non-commercial) that will be publicly distributed, written permission must first be obtained from GameInstitute. GameInstitute reserves the right to decline the use of its Course Content if it deems that the Course Content will be used to develop any product which competes with the interests of the company. GameInstitute Course Content cannot be distributed in any way to any other parties under any circumstances without written permission from GameInstitute.

Refunds

Once an item or service has been purchased, materials will be made immediately available to the purchaser and as such, unless specifically noted, there will be no refunds of fees. GameInstitute cannot give any refunds or credits to customers who, for whatever reason, choose not to participate in all or part of the experience.

Disclaimers and Warranties

Products and services sold on the GameInstitute web site are provided by third parties with only the representations and warranties that those third parties generally provide to their customers with respect to such products and services. GameInstitute warrants that it will comply with the Purchases and Returns Policy with respect to any products or services purchased from GameInstitute, but makes no other representations or warranties whatsoever with respect to the products or services of third parties. Except for these limited warranties, the GameInstitute web site and Site Content are provided on an "as is" and "as available" basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW GameInstitute AND ITS CONTRACTORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE GameInstitute WEB SITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

GameInstitute does not make any representations or warranties that:

(1) the GameInstitute web site or Site Content or any products or services purchased from GameInstitute will meet your requirements or expectations;

(2) the operation of the GameInstitute web site or the Site Content will be uninterrupted, timely, secure, or error-free or that any errors will be corrected; or

(3) any particular results will be obtained from the use of the GameInstitute web site or from any products or services purchased from GameInstitute.

The GameInstitute is not an accredited institution. Information on the GameInstitute web site is provided for informational purposes only. In no way should the GameInstitute web site or Site Content be considered as conforming with any standards or qualifications prescribed by any private or governmental entity.

Information on this Web site is provided for educational purposes only. The GameInstitute assumes no responsibility for how this material is used.

Neither the instructors, nor the GameInstitute, nor any other party who has been involved in the preparation or publication of the Site Content warrants that the information contained on the Web Site is in every respect accurate or complete. They are also not responsible for any errors or omissions or for the results obtained from the use of such information.

Limitation of Liability

YOU AGREE THAT NEITHER GameInstitute NOR ITS CONTRACTORS AND SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE GameInstitute WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH GameInstitute; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; OR (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GameInstitute WEB SITE.

IN NO EVENT SHALL GAMEINSITUTE.COM BE LIABLE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE PRODUCT YOU ARE ALLEGING DAMAGES.

Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.

Links to Third Party web sites

The GameInstitute web site may include links to various third party web sites. GameInstitute is providing these links solely as a convenience. Such linked third party sites are not under the control of GameInstitute. GameInstitute has not reviewed all of the sites linked from the GameInstitute web site and is not responsible or liable for the contents available at any such linked site. The appearance of a third party link on this site does not imply GameInstitute's endorsement of the linked site, its sponsor or any products or services offered on the linked site. Use of any linked site is at your own risk.

Indemnity

You agree to indemnify, defend, and hold harmless GameInstitute, its parent, affiliates and subsidiaries and their respective officers, employees, directors, agents, suppliers, contractors and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from: (1) your breach of this User Agreement or of any representation or warranty made by you in this User Agreement; (2) your Submissions; and/or (3) your activities in connection with the GameInstitute web site or Site Contents.

Applicable Law and Jurisdiction

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the GameInstitute web site and your purchase of the products and services on the GameInstitute web site.

The Site Content and/or products and services available through the GameInstitute web site are subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country or on any such list.

GameInstitute is a New York corporation with corporate offices in New York, New York. GameInstitute makes no representation that Site Content is appropriate or available for use in any location, and accessing the GameInstitute web site or Site Contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction. The laws of the State of New York, specifically excluding choice of law principles, will apply to all issues and matters relating to or arising from your use of this GameInstitute web site and the Site Content. You also submit to the exclusive personal jurisdiction and venue of the Court located in New York County, in New York, New York, United States of America or of any federal court located in such county.

Copyrights and Trademarks

The GameInstitute web site and Site Content is the property of GameInstitute and its licensors and is protected by United States and International copyright laws. All copyright, trademark, and other proprietary rights in GameInstitute site and in the services, products, software, code, text, graphics, design elements, audio, music, and all other materials originated or used by GameInstitute at the GameInstitute web site are reserved to GameInstitute and its licensors. You may not redistribute any materials obtained from the GameInstitute website (including but not limited to any and all course material, source code, binary files, game data, products, images) under any condition without express written permission from GameInstitute nor may you share account and/or website login details with anyone else that would provide unauthorized access to GameInstitute's copyrighted contents.