Terms of Service – Christian Game Developers Community

END USER LICENSE AGREEMENT

THIS AGREEMENT (“Contract” or “Member Agreement”) is entered into between Christian Game Developers Conference (“CGDC,” “we,” “us,” or “our”), an Oregon board-only nonprofit corporation, and the volunteer member (“Member,” “you,”).

Effective Date of Contract. This Contract shall be effective when you join our website.

Contract. By using our website, you agree to be a member of the Community and further agree to all applicable terms of this Contract.
1. Membership in Community. You acknowledge and agree that:
  1. Relationship of Community to CGDC. Community, or Project No. 1, is a working game development project of CGDC.
  2. CGDC’s Management and Control. CGDC has management and control of Project No. 1.
  3. Your Membership—No Shares in CGDC. You have no voting rights or ownership or interest in CGDC by reason of this Contract or membership in Community.
  4. Volunteer Nature of Membership in Nonprofit Organization. While you are a Member of the Community, you are an unpaid volunteer in Project No. 1 and not an employee or independent contractor of CGDC. CGDC is a tax-exempt nonprofit organization under Section 501(c)(3) of the Internal Revenue Code [26 U.S.C. §501(c)(3)]. As a Member of the Community, you will not be subject to management or supervision by CGDC, or its representatives, as to the quantity or quality of the contribution (if any) you make to the creation, development, and/or co-development of Work(s) by the Community (as defined in Subsection 7.8 below), even though CGDC and/or its delegates will make qualitative determinations about your voluntary contribution(s) in evaluating their suitability (if any), for inclusion in the Work(s). Accordingly, you and CGDC are, for purposes of this Contract, at arm’s length with each other. CGDC will not place a dollar value on your work product (if any) for Project No. 1 while you are Member in Project No. 1. CGDC will not treat this work product (if any), other than intellectual property vended by you (as described in Section 7.0 below), as donated labor; and you will not be entitled to a tax deduction for such donated labor. In addition, you will not be entitled to worker’s compensation by the State in which you reside for your association as a Member of Project No. 1. CGDC intends that any published Work(s) associated with Project No. 1 be offered free to the public. However, that intention may be subject to change pursuant to Section 5.0 below, and such a change (if any) shall not, in and of itself, be a basis for modification or reinterpretation of this Section 2.1.4.
2. Legally Binding. You acknowledge and agree that you are entering into a legally binding contract with CGDC. You further acknowledge and agree that if you are entering into this Contract on behalf of a corporation or other entity (“Company”), this Contract is binding on both you and the corporation and the other entity. You further acknowledge and agree that you have authority to make representations on behalf of the Company, enter into contracts on its behalf, and have assented to the Company being deemed a third party intended beneficiary of this Contract and subject to all of its terms and conditions.

Policies and Procedures. You agree to the following policies and procedures, which are a part of this Member Agreement (“Policies and Procedures”):
1. The Information Use Policy | Intellectual Property Policy, set forth at Section 7.0 below.
2. The Code of Member Conduct, which is attached as “Exhibit A” and made a part of this Member Agreement.
3. The Christian Game Developer Standards, which are attached as “Exhibit B” and made a part of this Member Agreement.
4. The Data Use and Privacy Policy, which is attached as “Exhibit C” and made a part of this Member Agreement.

Community Ecosystem. This Contract applies to the “Community Ecosystem,” which includes but is not limited to the Community Ecosystem’s Websites, Community-branded apps, other Community-related sites, apps, accessible cloud-based servers, communications, and other services that state that they are offered under this Contract (“Membership”), including the offsite collection and sharing of data for the Community Ecosystem, such as our ads and plugins. Users of the Community Ecosystem are referred to as “Members,” although CGDC is a board-controlled, non-member Oregon nonprofit corporation.

Changes. We may make changes to the Contract. We may modify this Contract, including our Policies and Procedures, from time to time. If we make material changes to it, we will provide you notice to give you the opportunity to review the changes before they become effective. This may be in the form of a notice posted online prior to the effective date of the change(s). We agree that changes cannot be retroactive. If you object to any changes, you may close your account and cease to be a Member. Your continued use of the Community Ecosystem after we publish or send a notice about our changes to the Member Agreement and/or Policies and Procedures means that you are consenting to the updated terms as of their effective date.

Obligations
1. Member Eligibility. As a condition of this Contract and your membership in the Community Ecosystem, you warrant that: (1) you are eligible to make this Contract; (2) you are at least our Minimum Age; (3) you will only have one Member account, which must be in your real name; (4) you are not already restricted by Community from utilizing the Community Ecosystem; and (5) you are not creating an account with false information. As used in this Contract, “Minimum Age” means 16 years old. However, if law requires that you must be older for Community to lawfully provide utilization of the Community Ecosystem to you without parental consent (including using of your personal data), then the Minimum Age is the required older age.
2. Your Account. Members of Project No. 1 and the Community Ecosystem are “account holders.” You agree and warrant to CGDC that as an account holder—
  1. You will use a strong password and keep it confidential.
  2. You will not share your account with anyone else and will follow all applicable law and rules of CGDC and the Community.
  3. You will not transfer any part of your account (e.g., connections).
  4. You will follow the law and our Policies and Procedures.
  5. If CGDC implements for the Community a form of access and/or session encryption other than or in addition to the use of passwords, you agree to abide by the standards and protocols for this access and/or session encryption.
  6. You are responsible for anything that happens through your account unless you close it or report misuse.
  7. As between you and others, your account belongs to you. However, if your membership was made by another party for you to use (e.g., your employer), the party that registered you for membership has the right to control access to and get reports on your use of the Community Ecosystem. However, they do not have rights to your personal account.
3. Fees, Dues, Special Assessments, and Costs. You may be required to pay a fee for membership, and you may be subject to periodic dues or special assessment of costs associated with a feature or service of the Community Ecosystem (“Payment”). In this regard, you acknowledge and agree that:
  1. You will honor your payment obligations.
  2. We may store your payment information.
  3. There may be fees and taxes that are added to your payment obligations.
  4. Refunds are subject to our Refund Policy.
  5. Payment may be subject to foreign exchange fees or differences based on your location (e.g., exchange rates).
  6. We may store and continue billing your payment method (e.g., credit card) even after it has expired to avoid interruptions in your access to and utilization of the Community Ecosystem.
  7. If you are subject to periodic dues, your payment method automatically will be charged at the start of each dues period for the fees and taxes applicable to that period. To avoid future charges, close your account before the renewal date.
  8. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
4. Notices and Messages. You agree that we may provide notices and messages to you through our websites, apps, and contact information. In this regard, you acknowledge and/or agree that:
  1. If your contact information is out of date, you may miss out on important notices.
  2. We will provide notices and messages to you in the following ways:
    1. Within the Community Ecosystem; or
    2. Sent to the contact information you provided us in the space provided below your signature on this Contract (e.g., email, mobile number, physical address).
  3. You agree to keep your contact information up to date.
  4. If you want to control and limit the messages you receive from us or any other members of the Community Ecosystem, you must review and change your settings to the extent such changes are available.
5. Sharing. When you share information within the Community Ecosystem, other members of the Community can see, copy, and use that information according to the Information Use Policy. In this regard you acknowledge and agree:
  1. Information and content that you share or post may be seen by other members of the Community and by non-members whom CGDC, in its sole discretion, may grant access to the Community Ecosystem.
  2. If we make access settings available according to the Information Use Policy | Intellectual Property Policy (see Section 7.0), we will honor the choices you make about who can see content or information.
  3. We are not obligated to publish any information or content within the Community Ecosystem and may remove it with or without notice.

Information Use Policy | Intellectual Property Policy
1. Intellectual Property Policy—Notice. This Section 7.0 of the Contract is providing you VERY IMPORTANT NOTICE about intellectual property rights.
2. Classes of Intellectual Property. As a Member, you may, but are not obligated to, transfer certain rights in pre-existing intellectual property (“vended property”) to CGDC, as manager and controller of the Community, in one or more of seven (7) classes, evidenced by:
  1. Checking and initialing the applicable box(es) in Subsection 7.3 of this Contract;
  2. Uploading to the Community Ecosystem (or as otherwise directed by CGDC) the applicable vended property in the applicable class(es); and
  3. Receiving confirmation and acceptance of transfer of the vended property to CGDC for use by the Community after CGDC has evaluated the vended property and is satisfied (in its sole discretion) that CGDC will accept the transfer of the vended property.

NOTE: If the vended property is not accepted by CGDC for use by the Community, it will be returned to the Member. You may transfer rights in vended property to CGDC for the benefit of the Community at any time during your Membership, and such transfer will be subject to the same conditions. CGDC will provide an upload, evaluation, and return (if applicable) mechanism for vended property on or after the consummation of your Membership Agreement.

Vending of Intellectual Property Rights. If you are vending or will during your Membership transfer vended property to CGDC, you (1) acknowledge that the vended property falls into one or more applicable classes that you have identified and (2) further agree to be bound to the terms and conditions related to the class(es) indicated, as follows:

Classes of Vended Property

Transfer-of-Ownership Class: This is pre-existing intellectual property to which you warrant that you have, immediately prior to transfer to us under this Contract, all right, title, and interest (ownership), and which you agree to transfer to us. Unless we otherwise consent by separate written agreement, this class is in the form of a donation by you to us that is royalty-free as to us or any other members of the Community. You agree to hold harmless and indemnify, protect, and defend us and other members of the Community for any Claims as defined in Subsection 7.5 below. To the extent feasible for us, you will receive a receipt for the fair market value of your donation, as determined by CGDC pursuant to Subsection 7.11. See attached specifications of intellectual property (which are made a part of this Contract) that are labelled “Exhibit D-1—Transfer-of-Ownership Class.”

Non-Exclusive License Class: This is pre-existing intellectual property to which you warrant that you have, immediately prior to transfer to us under this Contract, all right, title, and interest (ownership), and which you agree to license to us for the benefit of the Community on a non-exclusive, royalty-free basis. Under this class, (1) we will be able to use the intellectual property for projects other than that which is contemplated for Project No. 1, and other members of Community will be able to use the intellectual property for personal project(s) other than Project No. 1. You agree to pay all royalties to the third-party licensor. You agree to hold harmless and indemnify, protect, and defend us and other members of the Community for any Claims as defined in Subsection 7.5 below. Unless we otherwise consent by separate written agreement, this class is in the form of a donation by you to us that is royalty-free as to us or any other members of the Community. To the extent feasible for us, you will receive a receipt for the fair market value of your donation, as determined by CGDC pursuant to Subsection 7.11. See attached specifications of intellectual property (which are made a part of this Contract) that are labelled “Exhibit D-2—Non-Exclusive License Class.”

Exclusive License Class: This is pre-existing intellectual property to which you warrant that you have, immediately prior to transfer to us under this Contract, all right, title, and interest (ownership), and which you agree to license to us for the benefit of the Community on an exclusive, royalty-free basis. Under this class, the intellectual property CANNOT be used for project(s) other than that which is contemplated for Project No. 1. You agree to pay all royalties to the third-party licensor. You agree to hold harmless and indemnify, protect, and defend us and other members of the Community for any Claims as defined in Subsection 7.5 below. Unless we otherwise consent by separate written agreement, this class is in the form of a donation by you to us that is royalty-free as to us or any other members of the Community. To the extent feasible for us, you will receive a receipt for the fair market value of your donation, as determined by CGDC pursuant to Subsection 7.11. See attached specifications of intellectual property (which are made a part of this Contract) that are labelled “Exhibit D-3—Exclusive License Class.”

Third-Party Non-Exclusive Licensed Class: This is pre-existing intellectual property to which you warrant that you have (1) immediately prior to transfer to us under this Contract, obtained a non-exclusive use license from a third-party, and (2) under the terms and conditions of the use license, we (together with other members of the Community) have the right to use the intellectual property on a non-exclusive, royalty-free basis. Under this class, (1) we will be able to use the intellectual property for projects other than that which is contemplated for Project No. 1 and (2) other members of the Community will be able to use the intellectual property for their personal project(s) other than Project No. 1. You agree to pay all royalties to the third-party licensor. You agree to hold harmless and indemnify, protect, and defend us and other members of the Community for any Claims as defined in Subsection 7.5 below. Unless we otherwise consent by separate written agreement, this class is in the form of a donation by you to us that is royalty-free as to us or any other members of the Community. To the extent feasible for us, you will receive a receipt for the fair market value of the donation of royalties (if any) you and/or other members of the Community would otherwise have to pay for redistribution of the intellectual property, as determined by CGDC pursuant to Subsection 7.11. See attached specifications of intellectual property (which are made a part of this Contract) that are labelled “Exhibit D-4—Third-Party Non-Exclusive License Class.”

Third-Party Exclusive Licensed Class: This is pre-existing intellectual property to which you warrant that you have, immediately prior to transfer to us under this Contract, obtained a non-exclusive use license from a third-party, and (2) which you have agreed to transfer to us on an exclusive basis. Under this class, the intellectual property CANNOT be used for project(s) other than that which is contemplated for Project No. 1. You agree to pay all royalties to the third-party licensor. You agree to hold harmless and indemnify, protect, and defend us and other members of the Community for any Claims as defined in Subsection 7.5 below. Unless we otherwise consent by separate written agreement, this class is in the form of a donation by you to us that is royalty-free as to us or any other members of the Community. To the extent feasible for us, you will receive a receipt for the fair market value of the donation of royalties (if any) you would otherwise have to pay for redistribution of the intellectual property, as determined by CGDC pursuant to Subsection 7.11. See attached specifications of intellectual property (which are made a part of this Contract) that are labelled “Exhibit D-5—Third-Party Exclusive License Class.”

“Unity Asset Store” Licensed Class. This is pre-existing intellectual property to which you warrant that you have, prior to transfer to us under this Contract, (1) purchased from the Unity Asset Store (or its successor) subject to all terms and conditions of right to use, actual use, and redistribution prescribed by Unity Asset Store (or its successor) and (2) which you agree to transfer to us subject to those conditions of Unity Asset Store (or its successor). Under this class, the intellectual property can only be used by us or redistributed as part of any Work(s) published by us in the manner permitted by Unity Asset Store (or its successor). You agree to pay all contingent royalties to the Unity Asset Store (or its successor), if any, as Unity Asset Store (or its successor) may be entitled on account of its terms of sale to you of the intellectual property. You agree to hold harmless and indemnify, protect, and defend us and other members of the Community for any Claims as defined in Subsection 7.5 below. Unless we otherwise consent by separate written agreement, this class is in the form of a donation by you to us that is royalty-free as to us or any other members of the Community. To the extent feasible for us, you will receive a receipt for the fair market value of the donation of the vended intellectual property, as determined by CGDC pursuant to Subsection 7.11. See attached specifications of intellectual property (which are made a part of this Contract) that are labelled “Exhibit D-6—’Unity Asset Store’ License Class.”

Musicians’ License Class: This is pre-existing musical composition(s) to which you warrant that you hold the copyright(s) (whether registered or unregistered), and which you agree to grant us the right of use for Project No. 1. Under this class, the musical composition(s) cannot be used for Community project(s) or by any member of the community other than that which is contemplated for Project No. 1, unless otherwise negotiated by separate agreement. Under this class, we agree to credit you as the composer and copyright holder of the musical composition(s), as applicable. You retain your copyright to the musical composition(s), free of any restrictions on your future use of them. You agree to hold harmless and indemnify, protect, and defend us and other members of the Community for any Claims as defined in Subsection 7.5 below. Unless we otherwise consent by separate written agreement, this class is in the form of a donation by you to us that is royalty-free as to us. To the extent feasible for us, you will receive a receipt for the fair market value of your donation, as determined by CGDC pursuant to Subsection 7.11. See attached specifications of intellectual property (which are made a part of this Contract) that are labelled “Exhibit D-7—Musician License Class.”

Additional Class(es) of Vended Intellectual Property. You and CGDC understand and agree that you may seek to vend to CGDC for Project No. 1 intellectual property that is not described by the specific classes set forth in Subsection 7.3 above. In that event and subject to agreement of CGDC, you and CGDC may agree to an addendum to this Contract related to such additional class(es) of vended intellectual property, which addendum shall contain terms acceptable to CGDC in its sole discretion, as follows:
1. A clear statement as to the source of the intellectual property being vended;
2. A description of the nature of the intellectual property rights (ownership, license, or open source) purported by you to be vended to CGDC;
3. A specification of the intellectual property being vended;
4. A clear statement as to whether the intellectual property rights are royalty-free;
5. A statement that Member shall hold harmless and indemnify, protect, and defend CGDC and any other members of the Community against any claim for royalties or injunctive relief; and
6. A statement, if relevant, as to providing a tax receipt for the fair market value of the donation or either right, title, and interest (ownership) of the vended intellectual property or the dollar amount paid or agreed to be paid by Member in royalties for use of the vended intellectual property by CGDC and/or other members of the Community.
Definition of “Claims” as Used in Subsections 7.3, 7.4 and 7.7. The term “Claims” means any and all claims, suits, counts or causes of action contained in such suits, choses in action, damages, fines, restitution, affirmative defenses, counterclaims, and cross-claims, whether or not arising by reason of statute or regulation, in tort, in contract or in equity, and whether civil, administrative or criminal, arising from any dispute as to right to use, actual use, or redistribution by CGDC and/or other members of the Community of vended intellectual property identified pursuant to Subsections 7.3 and 7.4 above and Subsection 7.7 below, or in relation to CGDC’s intellectual property rights and warranties from you as set forth in Subsections 7.9 and 7.10 below, together with any and all court, arbitration, and/or administrative costs, including reasonable attorney’s fees, which includes without limitation Claims asserting patent infringement, copyright infringement, trademark or service mark infringement or violation, misappropriation of trade secrets, misappropriation of the Work(s) or other property of CGDC, breach of non-disclosure agreement, breach of warranty, declaratory or injunctive relief, royalties, fines, and restitution.
Vending Requirements of Intellectual Property. In addition to other terms of this Contract, you agree to execute whatever we deem appropriate or necessary to verify, confirm or perfect your transfer of ownership or license of intellectual property. You agree to deliver to us any source code, drawn, written or computer-generated materials, text, models, and any other evidence of the vended intellectual property and to cooperate fully during and after your membership in the Community in the securing of patent or copyright protection or other similar rights in any countries and in giving evidence and testimony and in executing related papers as reasonably requested by CGDC.
Member Warranties—Indemnification. Regardless of whether we have evaluated and made our own determination concerning rights in and to the intellectual property being vended to us, you warrant to us and other members of the Community, and shall hold harmless, indemnify, and agree to protect and defend us and each of the members of the Community against any Claims as defined in Subsection 7.5 above.
Collaborative Nature of Projects. You understand and agree that the Community is a collaborative environment for the joint creation by us and Community members of game software and other creative content (“Works”) related to Project No. 1.
Community’s Intellectual Property Rights. Subject to the limitations (if any) in this Contract depending on class(es) of vended property, we have all right, title, and interest in the Community Ecosystem and Project No. 1, including patents, copyrights to content, and our trademarks, service marks, graphics, and logos in connection with the services and features of the Community Ecosystem and Project No. 1, including any Work(s) created pursuant to Project No. 1, whether published or not.
Ownership of Musical Composition(s) Created during Membership. Volunteers who create musical composition(s), while working within the Community Ecosystem and specifically for Project No. 1, grant CGDC right of use of the musical composition(s) for Project No. 1, free of any reimbursement, royalty, or other remuneration whatsoever. However, such composer(s)/creator(s) will retain the copyright(s) for such musical composition(s) and will be free to use those composition(s) for purposes other than Project No. 1, free of any restriction by CGDC. Such creator(s) will receive commercially reasonable composer and copyright credit for the use of these musical composition(s).
Value Placed on Donations—Tax Receipts. In relation to the monetary value to be placed on donations of intellectual property by you pursuant to Subsections 7.3 and/or 7.4 above, you consent to the monetary value of the donation as determined in good faith by CGDC, which consent shall not be unreasonably withheld by you.
Non-Exclusive License to Community. Except for intellectual property as above described, you and other members have a non-exclusive license to any other information that you share and post within the Community Ecosystem, consistent with this Information Use Policy.
Consent to Third-Party Publication. We may self-publish or publish with a third-party publisher the Works, or portions of it, without obtaining further approval from you. Otherwise, in the case of information subject to Non-Exclusive License as set forth in Subsection 7.12 above, we will get your consent if we want to give others the right to publish such information, which consent shall not be unreasonably withheld by you.
Altering Your Intellectual Property or Other Information. We or the Community may alter the vended intellectual property within the Community Ecosystem by editing or combining it with other intellectual property or other information. While we may edit and make format changes to your content other than intellectual property (e.g., translating or transcribing it, modifying its size, layout, or file type, or removing its metadata), we will not modify the meaning of your expression to other members.
Your Use of Information Other Than Intellectual Property. If you have vended content subject to non-exclusive license, we only have non-exclusive rights to it. You may choose to make it available to others, unless you are prohibited from doing so by agreement with a third-party licensor.
Personal Data. If content includes personal data, it is subject to our Data Use and Privacy Policy (Exhibit D). You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including account settings, if any).
Non-Infringement of Third-Party Intellectual Property Rights. You agree to only provide intellectual property or other content or information that does not violate the law nor anyone’s rights (including intellectual property rights).
Truthfulness of Your Profile. You agree that your profile information shared within the Community Ecosystem will be truthful.

Availability of Services and Features of Community Ecosystem
1. Change in Services and Costs. We may change or discontinue the availability of, access to, or provision of any services or features within the Community Ecosystem, and we may modify the cost and terms of payment upon reasonable notice to the extent allowed under the law.
2. Disclaimer—Storage and Visibility. Other than intellectual property you have contributed to or co-developed in the Community Ecosystem in relation to Project No. 1, we do not promise nor are we obligated to store or keep showing any information or content that you have posted. You agree that we have no obligation to store, maintain, or provide you a copy of any content or information that you or other members of the Community provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3. Content of Other Members
  1. Assumption of Risk. Your use of the content of others posted on or otherwise shared within the Community Ecosystem and in connection with Project No. 1 is at your own risk.
  2. Disclaimer of Responsibility. If you offer your own products and services through the Community Ecosystem, we are not responsible for those third-party activities.
  3. Incomplete, Delayed, Misleading, Illegal, Offensive, or Harmful Content. By access to and utilization of the Community Ecosystem, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. We do not generally police content provided by members of the Community or others. You agree that we are not responsible for content or information of others. We cannot always prevent misuse of the Community Ecosystem, and you agree that we are not responsible for any such misuse.
4. Registering or Attending Independent Member-Sponsored Events. Apart from events we may sponsor, we may help you register for and/or attend events organized independently by members of the Community and connect with other Community members who are attendees at such events. You agree that: (1) we are not responsible for the conduct of any of the Community members or other attendees at such events; (2) we do not endorse any particular event unless we say so expressly; (3) we do not review and/or vet any of these events; and (4) you will adhere to the terms and conditions that apply to such events. You and other members of the Community, however, are subject to the Code of Member Conduct (Exhibit A) at such independent events and may be subject to involuntary termination (as set forth in Subsection 10.2) from being a Member of the Community and closure of your account for any violation of the Code of Member Conduct at such independently sponsored events.
5. Limits of Access and Engagement with the Community Ecosystem. We have the right to limit how you connect to and interact with the Community Ecosystem. We reserve the right to limit your use of the Community Ecosystem, including the number of your connections and your ability to contact other members using the Community Ecosystem. We further reserve the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Community Ecosystem (e.g., violating any of the Code of Member Conduct).

Disclaimer and Limitation of Liability
1. No Warranty. This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

CGDC AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES AND FEATURES OF THE COMMUNITY ECOSYSTEM, INCLUDING ANY REPRESENTATION THAT THE SERVICES OR FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES AND FEATURES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. COMMUNITY AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

9.2 Exclusion of Liability. These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS COMMUNITY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), CGDC AND ITS AFFILIATES WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT), OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. CGDC AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO CGDC FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) U.S. $500, WHICHEVER IS LESS.

Basis of the Bargain—Exclusions. The limitations of liability in this Section 9.0 are part of the basis of the bargain between you and CGDC and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if CGDC or any affiliate has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence, or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being that which forms a prerequisite to our delivery of services and features and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

Termination.
1. Voluntary Termination. Either CGDC or you may terminate this Contract at any time with notice to the other.
2. Involuntary Termination. CGDC may terminate this Contract, your Account and Membership, and all other aspects of your relationship with the Community upon notice to you of your material violation of this Contract, including but not limited to a violation by you of the Member Code of Conduct.
3. Extinguishment and Survival of Rights after Termination. On termination, you lose the right to access, use, or participate in Project No. 1 or the Community Ecosystem. However, the following shall survive your termination: (1) any obligations or rights that accrued prior to termination, including any amounts owed by you prior to termination that are unpaid; (2) any obligation by you to pay compensation or damages based on a breach of this Contract, including any limitation of liability clause(s) set forth in this Contract; (3) the requirement of mandatory mediation and binding arbitration; (4) all hold harmless, indemnification, and duty to defend clauses associated with the vending of intellectual property by you to CGDC; and (5) any other accrued right to receive performance from you.

Governing Law. You and CGDC agree that Washington State law, excluding its conflict of laws rules, will exclusively govern any dispute relating to this Contract and/or the services and features of the Community Ecosystem.

Mandatory Mediation and Arbitration; Failure of Arbitration or Appeal. In the unlikely event CGDC and you end up in a legal dispute with each other, you agree to submit to mediation before a Christian mediator trained in Christian principles of mediation, who is acceptable to both parties, if the dispute has not been resolved between you and CGDC within thirty (30) days of first notice of the dispute to the other party. If after mediation in good faith the dispute remains unresolved between you and CGDC, then you and CGDC agree to submit to arbitration before a single arbitrator agreed upon by both parties, the result of which shall be binding on you and CGDC. However, if it is determined that arbitration is not an applicable venue for resolution of a dispute between the parties or if the results of the arbitration are appealed according to Washington State law, then you and CGDC both agree that all claims and disputes can be litigated or appealed only in the applicable federal or state courts in King County, Washington, USA, and you and CGDC each agree to personal jurisdiction in those courts. In any mediation, each of the parties shall pay their own attorney’s fees (if any) and one-half (50%) of the mediator’s fees and costs. In any arbitration or appeal from arbitration, the substantially prevailing party shall be entitled to statutory costs, plus a reasonable attorney’s fee as shall be determined b y the arbitrator or court.

Contract Reformation. If a court or arbitrator with authority over this Contract finds any part of it unenforceable, you and CGDC agree that the court or arbitrator is empowered to modify the terms of the Contract to make that part enforceable while still achieving its intent. If the court or arbitrator cannot do that, you and CGDC agree to ask the court or arbitrator to remove that unenforceable part and still enforce the rest of this Contract.

Sole Contract. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between you and CGDC regarding Project No. 1 and the Community Ecosystem and its services and features as of the Effective Date of the Contracts, and supersedes all prior agreements.

No Waiver. If we do not act to enforce a breach of this Contract, that does not mean that we have waived our right to enforce this Contract.

No Assignment. You may not assign or transfer this Contract (or your membership or use of the services and features of the Community Ecosystem) to anyone without our consent. However, you agree that CGDC may assign this Contract without your consent to its affiliates or a party that acquires CGDC by merger.

No Third-Party Beneficiaries. Except as otherwise expressly stated in this Contract, there are no third-party beneficiaries to this Contract.

Legal Notice. You agree that the only way to provide us legal notice is at either the email address or the mailing address provided below after your signature. You agree to provide us with legal notice (if at all) at the following email address or mailing address:

Policy and Process for Complaints. We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by members to the Community Ecosystem. This Complaint Policy, when enabled and when you are first notified of it, shall become a part of this Contract.

COMMUNITY ECOSYSTEM

MEMBER CODE OF CONDUCT

As a member of Community, you will:

A-1 Conduct yourself with CGDC and its affiliates, Board of Trustees, Officers, employees, and agents in a winsomely Christian manner and consistent with the Christian Game Developer Standards (Exhibit B of this Agreement);

A-2 Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulations;

A-3 Provide accurate information to us and keep it current;

A-4 Use the services and features of the Community Ecosystem in a professional manner;

A-5 Not create a false identity within the Community Ecosystem, misrepresent your identity, create a member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

A-7 Not develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the services or features, or otherwise copy profiles and other data from the services or features;

A-8 Not override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

A-9 Not copy, use, disclose or distribute any information obtained from the services and features, whether directly or through third parties (such as search engines), without the consent of Community;

A-10 Not disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);

A-11 Not violate the intellectual property rights of other members, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;

A-12 Not violate the intellectual property or other rights of CGDC;

A-13 Not post anything that contains software viruses, worms, or any other harmful code;

A-14 Not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the services or features or any related technology that is not open source, except as may be necessary in the creation or development of the Work(s) of Project No. 1;

A-15 Not rent, lease, loan, trade, sell/re-sell or otherwise monetize the services or related data or access to the same without CGDC’s consent;

A-16 Not monitor the Community Ecosystem for any competitive purpose;

A-17 Not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Community Ecosystem; and

A-18 Not interfere with the operation of, or place an unreasonable load on, the Community Ecosystem.

“EXHIBIT B”

CHRISTIAN GAME DEVELOPER STANDARDS

B-1 Understand that God has called you to this work of being a Christian game developer, and your calling is a “higher one.” Cf. Genesis 2:15; 2 Peter 1:3-10

B-2 Work so that you glorify God. Cf. 1 Corinthians 10:31; Colossians 3:17

B-3 Work so that you can share the fruits of your labor. Cf. Ephesians 4:28

B-4 Be faithful in your work so that you can earn respect from others. Cf. 1 Thessalonians 4:11-12

B-5 Be industrious and precise and meticulous in your work. Cf. Proverbs 6:6-11, 10:5, and 15:19

B-6 Keep your promises. Do not promise more than you can deliver. Cf. Numbers 30:2

B-7 Maintain balance in your life. Attend to yourself and your family. Cf. 1 Timothy 5:8

B-8 Do what is legal, fair, and right. Seek only honest advantage. Cf. Galatians 6:9; 1 Timothy 3:8

B-9 Act with dignity. Maintain the appearance of propriety. Cf. 1 Timothy 3:8

B-10 Tell the truth. Avoid all deviousness. Cf. 1 Timothy 3:8

B-11 Resolve any differences you have within the Community in a spirit of conciliation. Cf. 1 Corinthians 6:1-8

B-12 Be moral. Avoid immoral conduct.

Cf. 1 Corinthians 5

EXHIBIT “C”

COOKIES POLICY | DATA USE AND PRIVACY POLICY

C-1.0 Cookies Policy. This Cookies Policy explains how the Community will use cookies and similar technologies to recognize you when you use the Community Ecosystem, including the Community’s Websites (if any). It explains what these technologies are, why they are used, as well as your rights to control how we use them. A “cookie,” as used in this Contract, is a packet of data sent by an Internet server to a browser, which is returned by the browser each time it subsequently accesses the same server, used to identify the user or track their access to the server. We use cookies (if at all) to improve user experience and analyze traffic within the Community Ecosystem, including the Websites. For these reasons, the Community may share the data related to your usage of the Community Ecosystem for data analytics purposes with persons who are not members of the Community. In some cases, the Community may use cookies to collect personal information, or that becomes personal information if we combine it with other information. By clicking “Accept Cookies,” you consent to store on your device all the technologies described in this Cookie Policy. You can change your cookie settings at any time by clicking “Cookie Preferences” where indicated on the Community Ecosystem’s Websites.

C-2.0 Data Use and Privacy Policy. Members of the Community Ecosystem share their professional and other identities, engage with their network within the Community Ecosystem, exchange knowledge and professional insights, post and view relevant content, learn and develop skills, and find business and career opportunities. Some of this content and data may be viewed by non-members (“Visitors”). We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.

C-2.1 Applicability of This Data Use and Privacy Policy. This Data Use and Privacy Policy, including our Cookie Policy as set forth in the Contract (collectively, “Policy”) applies to your use of the Community Ecosystem. For California residents, additional disclosures required by California law may be found in our California Privacy Disclosure in relation to the California Consumer Privacy Rights Act. We will provide a California Privacy Disclosure to the Community Ecosystem.

C-2.2 Data Controllers and Contracting Parties. The Community will be the controller of your personal data provided to, or collected by or for, or processed in connection with, our Services. As a Visitor or Member of the Community Ecosystem, the collection, use and sharing of your personal data is subject to this Policy and other documents referenced in this Policy, as well as updates.

C-2.3 Changes to Policy. Changes to this Policy apply to your use of the Community Ecosystem after the “effective date” of the change. We can modify this Policy; and if we make material changes to it, we will provide notice through the Cooperative Ecosystem’s Websites, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. You acknowledge that your continued use of the Cooperative Ecosystem after we publish or send a notice about our changes to this Policy means that the collection, use and sharing of your personal data is subject to the updated Policy, as of its effective date.

C-2.4 Data We Collect

C-2.4.1 Data You Provide to Us. You provide data to create an account with the Community.

Registration. To create an account, you need to provide data including your name, email address and/or mobile number, a user ID, a password, and any other unique factor we may require for multi-factor authentication for access.
Payment Information. If Membership or any other service within the Community Ecosystem requires payment by Members, you will need to provide payment (e.g., credit card or debit card) and billing information.
Your Profile. You create your own profile within the Community Ecosystem. To the extent provided for on the Websites or other Community Ecosystem directories, you have choices about the information on your profile, such as your education, work experience, skills, photo, city or area, interests, and what Intellectual Property you have contributed. It is your choice whether to include sensitive information on your profile and to make that sensitive information available to Members and Visitors. Do not post or add personal data to your profile that you would not want to be publicly available.
Uploading and Posting. We collect personal data from you when you provide, post or upload it to the Community Ecosystem. You don’t have to post or upload personal data; though if you do not, it may limit your ability to engage with other Members of the Community Ecosystem.

C-2.4.2 Data from Other Members. Other Members may post or write about you.

C-2.5 Content. You and others may post content that includes information about you within the Community Ecosystem. Members, Visitors, and third parties may provide data to the Community, which appears within the Community Ecosystem.

C-2.6 Use of Community Ecosystem. We log your visits to and use of the Community Ecosystem, including use of any apps. We log usage data when you access or otherwise use within the Community Ecosystem, including Websites, app and platform technology, searches, installations, or share content. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.

C-2.7 Cookies and Similar Technologies. We collect data through cookies and similar technologies. As further described in our Cookies Policy above, we use cookies and similar technologies to collect data to recognize you and your device(s) on, off and across different services and devices where you have engaged with the Community Ecosystem. We also may allow some others to use cookies as may be described in our Cookie Policy. If you are outside the Designated Countries, we also collect (or rely on others who collect) information about your device where you have not engaged with the Community Ecosystem so we can provide better understand its effectiveness. You can opt out from our use of data from cookies and similar technologies that track your behavior.

C-2.8 Your Device and Location. We receive data from your devices and networks, including location data.

C-2.9 Messages. If you communicate through the Community Ecosystem, we learn about that.

C-2.10 How We Use Your Data. We use your data to provide, support, personalize and develop the Community Ecosystem and Works and other content produced by the Community Ecosystem. How we use your personal data will depend on how you interact with the Community Ecosystem.

C-2.11 Communications. We contact you and enable communications between Members. We may offer settings to control what messages you receive and how often you receive some types of messages. We may contact you through email, mobile phone, notices posted on the Community Ecosystem’s Websites or apps, messages to your account inbox (if any), and other ways through the Community Ecosystem, including text messages and push notifications. You may change your communication preferences at any time. While you are a Member, you cannot opt out of receiving service messages from the Community, including security and legal notices. We also enable communications between you and other Members.

C-2.12 Customer Support. We use data to help you and fix problems. We use data (which can include your communications) to investigate, respond to and resolve complaints and for service issues (e.g., bugs).

C-2.13 Security and Investigations. We may use data for security, fraud prevention and investigations. We use your data (including your communications) for security purposes or to prevent or investigate possible fraud or other violations of this Agreement and/or attempts to harm Members, Visitors, or others.

C-2.14 Service Providers. We may use others to help us maintain the Community Ecosystem, including the Websites. They would have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

C-2.15 Legal Disclosures. We may need to share your data when we believe it is required by law or to help protect the rights and safety of you, us or others. It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of the Community Ecosystem; or (5) exercise or protect the rights and safety of the Community, the Community Ecosystem, Members, Community personnel (if any), or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

C-2.16 Your Choices & Obligations

C-2.16.1 Data Retention. We keep most of your personal data for as long as your account is open. We generally retain your personal data for as long as you keep your account open. This includes data you or others provided to us and data generated or inferred from your use of the Community Ecosystem.

C-2.16.2 Rights to Access and Control Your Personal Data. You can access or delete your personal data, BUT you cannot delete or overwrite Intellectual Property that you have contributed to the Community Ecosystem except to the extent that you are making modifications to it in contemplation of a Work to be produced by the Cooperative.

C-2.17 Account Closure. We may keep some of your data even after you would close your account. If you choose to discontinue your Membership and close your account, your personal data will generally stop being visible to others within the Community Ecosystem within 72 hours. We generally delete closed account information within 7 days of account closure, except as noted below. We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse (e.g., if we have restricted or disabled your account for breach of the Member Code of Conduct, Exhibit A), enforce this Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed. Information you have shared with others will remain visible after you close your account or delete the information from your own profile (if any) within the Community Ecosystem, and we do not control data that other Members have copied out of the Community Ecosystem.

C-2.18 Security. We monitor for and try to prevent security breaches. Please use the security features available within the Community Ecosystem. We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

C-2.19 Cross-Border Data Transfers. We may store and use your data outside your country. We may process data both inside and outside of the United States and rely on legally provided mechanisms to lawfully transfer data across borders. Countries where we process data may have laws which are different from, and potentially not as protective as, the laws of your own country. Additional information will from time to time be provided to you, which is made a part of this Policy.

C-2.20 Lawful Bases for Processing. We have lawful bases to collect, use and share data about you. You have choices about our use of your data. At any time, you can withdraw consent you have provided by going to settings that are made available on or within the Community Ecosystem. We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent (where you have given consent), or where processing is necessary for the performance of this Contract with you and “legitimate interests.” Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time. Where we rely on “legitimate interests,” you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, you may contact our Data Protection Officer, whose identity and contact information will be provided to you.

C-2.21 Direct Marketing | Do Not Track Signals. We currently do not share personal data with third parties for their direct marketing purposes without your permission.

C-2.22 Contact Information. You can contact us or use other options to resolve any complaint. If you have questions or complaints regarding this policy, please contact us. You can also reach us by email, which is provided in our acknowledgment of your signature on this Contract. Residents in the Designated Countries and other regions may also have the right to contact our Data Protection Officer.