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PublisherSpeedDating.com Membership Agreement

PublisherSpeedDating.com (PSD) is a group of independent tabletop designers and publishers. We provide opportunities for designers to share their designs with potential publishers. With these goals in mind, here are the terms and conditions of membership.

Parties

In this agreement, the terms "you," "your," and "yours" refer to a member, designer, or publisher and the terms "PSD", we," "us," "our," and "ours" refer to Darkened Sky Studios LLC, a Florida Limited Liability Company, doing business as Indie Game Alliance and providing the service PublisherSpeedDating.com, having its principal place of business at 4250 Alafaya Trail #212-204 Oviedo, FL 32765.

Minimum Age

Members of PublisherSpeedDating.com must be at least 18 years old, or the age of majority in their country of residence, whichever is greater. By accepting the terms of this Membership Agreement and signing up as a Member, you are representing that you meet this age requirement. We do not, under any circumstances, collect personally identifiable information from children under the age of 13. If you believe that a child has provided PSD with personally identifiable information without the consent of his or her parent or guardian, please contact us. If we become aware that a child under age 13 has provided us with personally identifiable information, we will delete such information.

Your Username and Password

You will be assigned a username and password when you register. Your username will be the email address you list upon registration. You are responsible for maintaining and protecting the confidentiality of this login information. And you are responsible for all activities that occur through your username and password, including use by any third party. You should notify us immediately of any known or suspected unauthorized use of your login information.

License to Use Your Property

During your membership term, you grant PSD a personal, non-exclusive, royalty-free license to use or display your name, company name, logo, website information, games, game descriptions, game art and assets, product information, sell sheets, images, illustrations, audio or video files, or other promotional material provided by you related to your games (the "Member Content") to promote your company, game, products, or services, as well as to promote PSD itself. This license ends 30 days after your membership in PSD is terminated or you otherwise notify us, in writing, that you revoke your permission. Also, during your membership term, you may for any reason revoke permission for specific Member Content, such as a particular game, by giving us written notice. PSD will have 30 days to remove such data from its websites, printed materials, etc. PSD may, at its discretion, retain historical social media posts that mention or include photographs of Member Content.

No Infringement

Upon joining PSD, you warrant that you are not infringing upon the rights of any other intellectual property owners. You warrant that PSD's use of your property in accordance with the terms and conditions above will not infringe the intellectual property rights of any third party. You promise to indemnify, defend and hold harmless PSD, its staff and its volunteers from and against any loss, damage, costs, liability and expenses (including reasonable attorneys' fees) arising from or out of any third-party action or claim that use of your material in accordance with the above terms and conditions infringes the intellectual property rights of such third party.

License to Use Our Property

During your membership term, we grant you a personal, non-exclusive, royalty-free, non-transferable, and non-assignable license to use and display the PSD name, logo, graphical material, graphics for awards which you have been given by PSD, social media posts, or any PSD generated material that you may download from this site, including any images, illustrations, or audio or video files (the "PSD Content") to promote your game or product. This does not include, however, any content provided by other members of the PSD. You acknowledge and agree that you may not sublicense, assign, or otherwise transfer this license or the PSD Content and that no title to the PSD Content has been or will be transferred to you from PSD or anyone else. This license ends when your membership in the PSD ends or is cancelled. Further, we reserve the right to revoke this license at any time, for any reason, and at our sole discretion. Finally, you may not use our materials on sites that feature defamatory, pornographic, or inflammatory content, including, but not limited to, content that the PSD find objectionable or unlawful.

Promotion of Your Games

We will use our best efforts to promote your games. That said, nothing contained in this Agreement creates an express or implied obligation for us to market or promote your game at a specific time or place, or in a specific manner. When we promote your game, we do so voluntarily and at our own discretion. And we reserve the right to refuse to promote any product or company at any time or for any reason. Also, you acknowledge that the PSD, at times, may promote products or services that compete, directly or indirectly, with your products or business. Finally, except as set forth herein, PSD will not be restricted in any way from disclosing and promoting your games.

Membership Cancellation

Membership in the PSD may be canceled by either party at any time and for any reason, without cause for the party's convenience, upon 30 days' notice to the other party. PSD will provide notice of cancellation to the current email address associated with your account.

Use of Our Forums and Social Media Groups

Our forums and social media groups are open to all designers and publishers. It is expected that all users, regardless of age, will act in a mature and respectful fashion. Each member is responsible for only his or her own posts. If another member breaks rules, you may ignore them or report the problem to the moderators, but you may not use it as an excuse to break rules yourself. Volunteer moderators help us manage the forums and enforce the forum rules. The moderators cannot read every message, so they rely on members to report problem posts that they encounter. The point of moderation is not to limit discussion, to promote or suppress points of view, or to further any other secret agenda. The goal of moderation is to keep the forums enjoyable and free from problems that detract from the experiences of our users. The following offenses can result in temporary forum suspensions or permanent bans: (a) personal insults; (b) harassment; (c) posting someone's personal information without their consent, or "doxxing"; (d) threats; or (e) posting obscene, racist, vulgar, sexually-oriented, deceitful, hateful, threatening, or otherwise illegal material.

Limitation of Liability

In no event will we be liable for any incidental damages, consequential damages, special damages, punitive, statutory, indirect damages, loss of profits, loss of revenues, or loss of use, even if informed about the possibility of such damages. Our liability in any case for damages arising out of or related to this Agreement cannot exceed the amount you have paid to us under this Agreement. To the extent permitted by applicable law, these limitations and exclusions will apply regardless of whether liability arises from breach of contract, warranty, tort (including negligence), by operation of law, or otherwise. Finally, we are not liable for the actions or inactions of PSD volunteers.

Indemnity

You will hold PSD and its officers, directors, agents, employees, and volunteers harmless from liability resulting from infringement or your membership within PSD.

Changes to this Agreement

We reserve the right, in our sole discretion and at any time, to make changes to this Membership Agreement and our other policies concerning the use of this site. We also reserve the right, in our sole discretion and at any time, to waive or modify any of the terms of this Membership Agreement as they apply to a specific item of a specific Member, without affecting the application of these terms to any other Members. Changes will be effective when made and the updated Membership Agreement (or applicable policy) is posted on the site. We reserve and retain all rights and remedies provided by law or equity to redress any violation of this Membership Agreement.

No Assignment

You may not assign this Agreement without our prior written consent.

Applicable Law

Florida law applies to this Agreement without regard to any choice-of-law rules that might direct the application of the laws of any other jurisdiction.

Severability

If any part of this Agreement is for any reason held to be unenforceable, the rest of it remains fully enforceable.

Entire Agreement

This Agreement constitutes the sole agreement between the parties with respect to its subject matter. It supersedes any prior written or oral agreements or communications between the parties. Your use of, or access to, this site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

Acknowledgment

You acknowledge that you have read and understand these terms and conditions and will be bound by them. Further, if you are executing this Agreement on behalf of an entity seeking membership, you warrant that you have all requisite signing authority for and on behalf of that entity.

PublisherSpeedDating Data Use, Privacy, and Security Policy

When you interact with us, we ask you to supply us with personally-identifiable information (PII) so that we can provide, enhance, and personalize our services and marketing efforts. We use this personal information for various reasons, including to process your registration, orders, and payments, as well as for communication purposes.

Personally Identifiable Information We Collect and Store

We keep and use your personally-identifiable information internally as follows:

• We use your name to address communications, look up users in our administrative backend, and to identify designers and judges.
  
  
• We use your email address(es) to communicate with you periodically about upcoming speed dating events. If you list one or more designs on our site, your email address will be made available through our sell sheet database for publishers interested in your game(s) to contact you. Your email address will also be your login username.
  
  
• We record the IP address(es) you connect from for error logging and security purposes only. It is never shared with anyone outside our development team or displayed on the public website.
  
  

Personally Identifiable Information We Share with Third-Party Services

The following third-party websites and services are used by our staff to conduct our business. The function of each third-party entity and the data shared with them are below:

• Mailgun is an email list management service. We use it to send periodic automated emails about upcoming events and deadlines. We share your email address and your first and last name with Mailgun via its API when sending you a message. You may opt out of any or all emails from your Account Settings.
  
  

Other Platforms We Have Integrated With

Additionally, our software integrates with the following web platforms. In each case, only the username or profile URL you provide to us will be shared with the respective platform to retrieve data. All of these integrations may be opted out of by simply not providing your profile information for the service to PublisherSpeedDating.com.

• BoardGameGeek
  

Your Right to Be Forgotten

You may, at any time, request that we delete all personally-identifiable data about you in our possession. Please make this request via email to support@publisherspeeddating.com and allow 30 days for we to comply with your request.

Data Security

We are serious about your security and use reasonable administrative, technical, physical and managerial measures to protect your personal information from unauthorized access. Unfortunately, we cannot guarantee that any security system is 100% secure. Accordingly, we cannot guarantee the security of your information and cannot assume liability for improper access to it. Thus, you hereby agree to release us from any and all liability stemming from the dissemination of your personal information as a result of a breach in security. By using our service, including our website and user interfaces, or providing information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site.

All transactions on this website are conducted over secure HTTP using a current SSL certificate. Every effort has been made to conform to all data security laws and best practice standards, including PCI and GDPR.

Our web and database server(s) are physically hosted at HostDime's SOC2-certified datacenter in Orlando, Florida. Additionally, we maintain an archive of offline data backups at the Indie Game Alliance headquarters, also in Orlando, Florida.

By using this website, you agree to immediately disclose to PSD's development staff (at support@publisherspeeddating.com) any security vulnerabilities you may discover. You further agree not to disclose such vulnerabilities to the public at large for at least 90 days after notifying us, to allow us time to cure the vulnerability without increasing the likelihood of attack by publicizing the vulnerability.




Effective Date

This Agreement is effective and was last updated June 9, 2018.

Agreement Version: 1.00