Below is an overview of our Terms of Service for our “Platform”, which means any website, application, or service we offer. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.
Our Terms of Service contains important information about your legal rights. These summaries are not part of the official terms, and it is important for you to read the language in each section carefully.
Summary: You agree to follow basic rules when using Good Game Pickups's Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules.
Good Game Pickups enables you and other members to arrange off-line real-world pickup games and events. The term "Good Game Pickups", "ggpickups", "we", "us", and "our" include Good Game Pickups and our affiliates. We use the terms "you" and "your" to mean any person using our Platform, and any organization or person using the Platform on an organization's behalf. We use the word "Platform" to mean any website, application or service offered by Good Game Pickups, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms "Terms of Service" and "Agreement" interchangeably to mean this document together with the policies and guidelines available for your view here.
We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this section.
Summary: You need to be at least 18 years old to use our Platform. Good Game Pickups organizers control the Content of their events. However, we may remove any Content you post or terminate your account at any time.
Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for a Good Game Pickups event may be set by the organizers.
We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Good Game Pickups community, or to protect our brand or Platform. We also may remove accounts of members who are inactive for an extended period of time.
When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately.
Summary: We may charge for certain features on our Platform for promotional purposes. Additionally, some organizers charge money for the participation in a Good Game Pickups group or Good Game Pickups Event.
Organizers may impose fees related to particular portions of the Platform, such as a venue payment for a Good Game Pickups event. The decision to charge fees and the amount of those fees is at the discretion of those organizers.
Summary: You are responsible for the Content you post on our Platform. You give us a license to use this Content to operate, improve, promote, and protect Good Game Pickups and our Platform. Our Privacy Policy explains how we collect and use information you provide about yourself and the information that may be associated with you, and explains the limited ways we may share this information.
You are solely responsible for your Content. We use the word "Content" to mean any information, material, or other content posted to our Platform or otherwise provide to us (such as feedback, comments or suggestions shared with us). You agree that you and your Content shall not violate the rights of any third party (such as copyrights, contract right, privacy right, or publicity rights), this Agreement (including our Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, and Intellectual Property Policies).
We do not claim ownership of your Content. However, to enable us to operate, improve, and protect Good Game Pickups and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Good Game Pickups a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, publicity, and database rights you have in your Content.
Good Game Pickups collects registration and other information about you through our Platform. Please refer to our Privacy Policy and Cookie Policy for details on how we collect, use and disclose this information. These policies do not govern use of information you provide to third parties, such as other members of the Good Game Pickups Platform.
Summary: We require that you follow our policies and guidelines when using our Platform. We have no responsibility for Content that anyone posts to our Platform.
When you use our Platform, we require that you follow the usage and policy guidelines. You also agree to comply with all applicable laws, rules and regulations, and do not violate or infringe the right of any third party. If you do not comply, we may modify, suspend or terminate your account or access to the Platform, in our sole discretion.
Good Game Pickups does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take repsonbility for, the Content of other members.
Good Game Pickups is not a party to any offline arrangements made through our Platform. Good Game Pickups does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. Good Game Pickups makes no representations or warranties concerning the conduct or Content of any members of their interactions with you.
Our Platform contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others. If you are a developer, we currently do not have an API for use at this time.
You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.
We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third-party.
The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products.
Summary: You agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a Good Game Pickups groups or Good Game Pickups events. You also agree not to hold organizers responsible for their negligence in connection with their Content. You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as "Good Game Pickups Parties") from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as "Claims"), arising out of or in any way connected with a Good Game Pickups Group on an organizer's negligence arising out of or in any way connected with their Content, a Good Game Pickups group, or a Good Game Pickups event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under any jurisdiction to the fullest extent permitted by law.
Summary: You agree to reimburse us if we get sued in connection with your use of our Platform. You agree to indemnify, defend and hold all Good Game Pickups Parties harmless from any Claims, made by any third party due to or arising our of (a) your violations of this Agreement, (b) your use misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Good Game Pickups group or a Good Game Pickups event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Good Game Pickups Parties in defending such Claims (including, but not limited to, attorney's fees). You agree not to settle any Claim without our prior written consent.
Summary: Our Platform is provided to you "as is" and we make no warranties of any kind with respect to our Platform. Our liability in connection with the Platform is limited.
Our Platform is provided to you "as is" and on an "as available" basis. We disclaim all warranties and condition of any kind including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or good obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, (d) the correction of any errors in the Platform, (e) any material or data obtained throughout the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through the Platform.
You agree that in no event shall any Good Game Pickups parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses(even if any Good Game Pickups Parties have been advised of the possibility of such damages arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from Good Game Pickups events, attendance at a Good Game Pickups organized event, participation and the actions of you or others at Good Game Pickups events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior the action that may give rise to liability. The Limitations set forth above in Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct.
Summary: If you have a dispute with Good Game Pickups, you agree to try to work it out directly with us first. If we can't work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action. Good Game Pickups has no obligation to get involved with any disputes you have with other members, although we may try to facilitate a resolution.
Before making any claim, you and Good Game Pickups agree to try to resolve any disputes through good faith discussion. We use the term "claim" in this Section 9 to mean any dispute, claim or controversy arising of or relation to your use of our Platform or this Agreement, including your participation in Good Game Pickups events. You or Good Game Pickups may initiate this process by sending a written notice describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or Good Game Pickups may bring a claim in accordance with Section 9.2.
In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Good Game Pickups are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Good Game Pickups.
Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
Either party may commence arbitration by filing a written demand for arbitration, with a copy to the other party according to the notice procedures in Section 11.2. The arbitration will be conducted in accordance and any other applicable rules that required in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcecment of these arbitration provisions. Any arbitration hearings will take place in Washington State. Your responsibility to pay any filing, administrative and arbitrator fees will be solely set forth. The parties will cooperate with each other in scheduling the arbitration proceedings, and in selecting one arbitrator from an appropriate list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by its Rules, can award costs, fees and expenses, including attorney's fees to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
You or Good Game Pickups may assert claims, if they qualify, in small claims court in Washington or any U.S. county where you live or work. You or Good Game Pickups may seek injunctive relief from a court of competent jurisdiction in Washington State as necessary to protect intellectual property rights of you or Good Game Pickups pending the completion of arbitration. Good Game Pickups may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Platform operations, or unauthorized use of our Platform or intellectual property. Nothing in this Section 9 shall diminish Good Game Pickups's right to modify, suspend or terminate your account or access to our Platform.
You may decline to resolve disputes through arbitration by emailing us at support@ggpickups.com within 30 days of the day you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to you Good Game Pickups account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process then Section 9.2, 9.3, and 9.4 of this Agreement do not apply to you. this opt-out does not affect any other section of this Agreement such as 9.5 (Exceptions), 9.7 (Class Action Waiver), 11.5 (Governing Law), 11.6 (Judicial Forum, and 11.8 (Time for Filing).
You agree to resolve disputes with Good Game Pickups on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations
Summary: Don't infringe on anyone's intellectual property. If you believe your intellectual property is being infringed somewhere on the Good Game Pickups Platform, please follow the procedures in our Intellectual Property Dispute Policies.
Good Game Pickups, logos, service marks, and service names are the intellectual property of Good Game Pickups. Our Platform, including our material on the Platform, are also our licensors' intellectual property. You agree not to use our intellectual property without our prior written consent.
Good Game Pickups respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please review our Intellectual Property Dispute Policies.
Summary: This section contains terms we have added for miscellaneous purposes. Please continue to read this section carefully.
Except as otherwise stated in this Agreement or as expressly required by law, any notice shall be given by email support@ggpickups.com. Any notice to you shall be given to the most current email address in your account.
This Agreement, including the Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, and Usage Guidelines, constitutes the entire agreement between you and Good Game Pickups, superseding any prior agreement between you and Good Game Pickups on such subject matter.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Good Game Pickups is intended or created by this Agreement. A member of the Good Game Pickups Platform is not Good Game Pickups's representative or agent, and may not enter into an agreement on Good Game Pickups's behalf.
This agreement and the relationship between you and Good Game Pickups shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions, except as set forth in Section 9.
If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 9, you and Good Game Pickups agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in Washington State, and you and Good Game Pickups agree to venue and personal jurisdiction in those courts.
Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest period permitted by applicable law.