Last Updated: October 12, 2023
The Website is offered only to users who are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)), and by accepting this TOU, you represent and warrant that you meet these age requirements. If you do not meet these requirements, you must not access or use the Website.
As between you and us, this TOU is effective from the first moment you access the Website and will remain in effect thereafter in perpetuity, unless earlier terminated as provided herein.
- CHANGES TO THIS TOU. Please note that the ESA may change this TOU, in its sole discretion, from time to time. All changes are effective immediately when we post a revised TOU and apply to all of your access to and use of the Website thereafter. If you continue to access or use the Website following our posting of the changed TOU, it means that you have accepted and agreed to any such changes to this TOU. Accordingly, as any changes are binding on you, you are expected to review this TOU, found at this location, on a periodic basis. The date this TOU was last changed is identified at the top of this page.
- LICENSE GRANT. The ESA grants to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to access and use the Website only for lawful purposes and in compliance with this TOU. Subject to the immediately preceding sentence, you may print and download copies of materials and information from the Website solely for your personal use and not for resale or redistribution, provided that all such copies contain all copyright and other applicable notices contained in such materials and information. The content, layout, formatting, features of, and access privileges for the Website shall be as determined by the ESA in its sole discretion. You also acknowledge and agree to the following: (i) the ESA has the right to control and direct the means, manner, and method by which the Website is provided; (ii) the ESA may from time to time engage independent contractors, consultants, or subcontractors to aid the ESA in providing the Website or use thereof; and (iii) the ESA has the right to provide the Website to others.
- RESTRICTIONS. Any use of the Website in a way not expressly permitted by this TOU is a breach of this TOU. In addition to any other prohibitions stated in this TOU, you may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with or otherwise inhibit the operation of the Website, or use the Website in a manner that violates any applicable law. For example, and without limitation, you may not and may not attempt to:
• modify, translate, decompile, reverse-engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels on, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Website or any content or materials made available on the Website, including, without limitation, by separating and using any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material appearing on the Website without the prior express written permission of the ESA and/or its licensor(s);
• infringe, misappropriate, or violate the intellectual property rights, proprietary, or other rights (including the rights of publicity or privacy) of others;
• use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not expressly and purposely made available through the Website;
• gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any ESA server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other means;
• probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
• reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the ESA’s systems or networks or any systems or networks connected to the Website;
• use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website;
• forge headers, impersonate a person (including the ESA), or otherwise manipulate identifiers, including, without limitation, in order to disguise your identity or the origin of any message or transmittal you send to the ESA on or through the Website;
• use the Website to harvest or collect e-mail addresses or other contact information;
• distribute any unauthorized materials or advertise or promote goods or services through the Website without the ESA’s permission (including, without limitation, by sending spam or any other similar solicitation);
• use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact the ESA; or
• assist any person in doing any of the above.
- USER OBLIGATIONS. By downloading, accessing, or using the Website, including, without limitation, in order to view any information and materials, register, enter into a transaction with or through the ESA for any reason, or submit information of any kind, you agree to, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when you provide information via a Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, the ESA reserves the right to immediately terminate your access to and use of the Website.
You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. You also acknowledge and agree that use of the Internet and access to the Website is solely at your own risk. You acknowledge and understand that the confidentiality of any communication or material transmitted to or from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, the ESA is not responsible for the security of any information transmitted to or from the Website. You must make your own determination as to such issues.
- USER NAME HANDLING POLICY. Registration as a user for access to certain areas of the Website may require both a user name and a password or adherence to other particular access requirements as designated by the ESA. User names and passwords are personal to the applicable user, and only one user can use such user’s user name and password and, thus, one account. By limiting access, it helps prevent unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Website and to your account. Accordingly, by using the Website, you agree to consider your user name and password as confidential information and to keep your user name and password confidential, including, without limitation, by not disclosing your user name and password to any other person or entity. You also agree not to use another user’s user name and password. You will immediately notify the ESA by sending an email to [email protected] if you become aware of any loss or theft of your password or any unauthorized use of your user name and password or other breach of security. You are responsible for all activity occurring under your account or with use of your user name and password. The ESA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. The ESA reserves the right to disable, delete, or change a user name or password, whether chosen by you or the ESA, at any time and for any reason and in the ESA’s sole discretion. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this TOU.
- MOBILE SERVICES. The Website may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of Mobile Services, and how much they will cost you. Nevertheless, all use of the Website and its Mobile Services must be in accordance with this TOU.
ESA, Entertainment Software Association, E3, and all other names, designs, logos, and icons identifying the ESA, its affiliates, and any of their respective programs, events, solutions, and services, are proprietary trademarks of the ESA, and any use of such marks, including, without limitation, as domain names, without the express written permission of the ESA is strictly prohibited. Other products, associations, organizations, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- FEEDBACK AND SUBMISSIONS. The ESA welcomes your feedback and suggestions about the ESA’s programs or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to the ESA, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patent rights, copyrights, or trademark rights) and that you have all rights necessary to convey to the ESA and enable the ESA to use such Feedback. In addition, you hereby grant to the ESA a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive, worldwide right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, modify and create derivative works of, display (in whole or in part), act on, and otherwise exploit such Feedback without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
- CHANGES TO THE WEBSITE. The ESA may make modifications and/or changes to the Website or any part thereof, including, without limitation, by removing any links to third-party websites, at any time and for any reason in its sole discretion, without notice to you. The ESA will not be liable if all or any part of the Website becomes unavailable for any reason, at any time, or for any period. From time to time, the ESA may restrict access to some parts of the Website, or the entire Website, to all users or particular users, without notice, in its sole discretion.
- DISCLAIMER. YOUR USE OF AND YOUR RELIANCE ON OR ACTIONS OR INACTION BASED ON THE WEBSITE OR ANY THIRD-PARTY WEBSITES LINKED TO OR FROM THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. THE ESA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ADEQUACY, QUALITY, SUITABILITY, LIKELY RESULTS, COMPLETENESS, CURRENCY, TIMELINESS, AVAILABILITY, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL PROGRAMS, PRODUCTS, SERVICES, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF APPLICABLE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. THE ESA ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SECURITY OF THE WEBSITE, THAT THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS OR OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF VIRUSES, CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
THE INFORMATION AND OTHER MATERIALS PROVIDED ON THE WEBSITE DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE LEGAL ADVICE.
WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE WEBSITE OR ANY THIRD-PARTY WEBSITES LINKED TO OR FROM THE WEBSITE.
- LIMITATION OF LIABILITY. You expressly absolve and release the ESA and our subsidiaries and affiliates, and each of our or its respective directors, officers, employees, agents, members, and assigns, from any claim of harm resulting from a cause beyond our or its control, including, without limitation, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ESA AND OUR SUBSIDIARIES AND AFFILIATES, AND ANY OF OUR OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, AND ASSIGNS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, THE DELAY OF OR YOUR INABILITY TO USE THE WEBSITE, YOUR RELIANCE ON ACTIONS OR INACTIONS BASED ON THE WEBSITE, YOUR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE WEBSITE OR THE DATA COLLECTED THROUGH THE WEBSITE, ANY COMPUTER VIRUS OR LOSS OF DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE AND/OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF THE ESA AND OUR SUBSIDIARIES AND AFFILIATES, AND ANY OF OUR OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, AND ASSIGNS, FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE ESA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (U.S.), WHICHEVER IS LESS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- INDEMNIFICATION. You agree, to the maximum extent permissible under applicable law, to indemnify, defend, and hold harmless the ESA and our subsidiaries and affiliates, and each of our or their respective directors, officers, employees, agents, members, and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities related to or arising out of (i) your use of the Website, (ii) any actual or alleged violation by you of this TOU, (iii) your failure to comply with applicable law (including any failure to obtain or provide any necessary consent or notice), or (iv) your infringement or other violation of any third party’s rights. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as we reasonably request.
- GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia and without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of this TOU and/or the Website must be resolved by the U.S. District Court for the District of Columbia, unless agreed upon in writing by all parties. You access the Website voluntarily and you are responsible for compliance with all applicable laws with respect to your access and use of the Website.
- ENFORCING SECURITY ON THE WEBSITE; LEGAL COMPLIANCE. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. The ESA may take legal action, including, without limitation, investigating and working with law enforcement authorities to prosecute users, for any illegal or unauthorized use of the Website, and reserves the right to view, monitor, and record activity on the Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. The ESA will have the right to comply fully with any court orders or subpoenas involving requests for such information. In addition to the foregoing, the ESA reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Website or any portion of the Website in order to protect the Website, the ESA, or the ESA’s business.
- INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of the ESA’s proprietary assets, will cause irreparable injury to the ESA, that such injury would not be quantifiable in monetary damages, and that the ESA would not have an adequate remedy at law. You therefore agree that the ESA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that the ESA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to the ESA to enforce any provision of this TOU.
- TERM AND TERMINATION. The ESA reserves the right, at any time, to deny your access to the Website or to any portion thereof or terminate this TOU with you. This TOU will also terminate automatically if you breach, violate, or otherwise fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by notifying us at the contact provided at the bottom of this TOU, but all applicable provisions of this TOU will survive termination as identified below and each re-access or use of the Website will reapply the TOU (then in effect) to you. Upon termination, all rights granted to you under this TOU immediately terminate, and you must destroy all copies of any aspect of the Website in your possession. The provisions concerning the ESA’s proprietary rights, feedback and submissions, disclaimers of warranty and liability, admissibility of this TOU, waiver and severability, entire agreement, and governing law, and any other provisions that by their nature should survive, will survive the termination of this TOU for any reason.
- WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by the ESA of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of this TOU shall continue in effect.
- ENTIRE AGREEMENT; ASSIGNMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and the ESA as result of this TOU or your use of the Website. This TOU represents the entire agreement between you and the ESA with respect to its subject matter, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the ESA with respect to the subject matter of this TOU. You may not assign or transfer any rights under this TOU without the prior written consent of the ESA. In addition, the ESA may add, modify, or delete any aspect, program, or feature of the Website, but the ESA is not under any obligation to add any upgrade, enhancement, or modification.
If you need to contact the ESA regarding this TOU, please contact us at:
The Entertainment Software Association
Attn.: Legal Department
601 Massachusetts Avenue, NW, Suite 300 West
Washington, DC 20001