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TERMS OF SERVICE AND PRIVACY POLICY GOVERNING ACCESS TO THE WEBSITE OF THE INTERNATIONAL WORLD GAMES ASSOCIATION – IWGA

Welcome to worldgames-iwga.org (‘the Website’). The International World Games Association (IWGA) provides this Website to you subject to the following Terms of Service (‘TOS’), which may be updated by IWGA periodically without notice to you. By accessing the Website and/or any pages thereof, you show your agreement with and understanding of the TOS. If you do not agree with the TOS, do not access the Website.

TOS

You should review the TOS periodically for changes. In addition, when using particular IWGA services, you and IWGA shall be subject to guidelines and rules applicable to such services which are posted by IWGA on the Website. All such guidelines and rules are hereby incorporated by reference into the TOS. In most cases, the guidelines and rules are specific to a particular part of the Website and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guideline or rule, the TOS will prevail. IWGA may also offer services that are governed by other terms of service. In such cases, the other terms of service will be posted on the relevant service to which they apply. Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to the TOS.

YOUR RESPONSIBILITY FOR INTERNET ACCESS

In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

YOUR REGISTRATION OBLIGATIONS

Certain areas of the Website will require registration. In consideration of your use of these areas of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the ‘Sign-Up Data’) and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IWGA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IWGA has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

PRIVACY POLICY

Registration data and certain other information about you are subject to the IWGA privacy policy.
You acknowledge and agree that IWGA may preserve and may disclose information collected pursuant to the privacy policy: (a) to IWGA’s affiliated organizations worldwide for the purpose of providing the Website to you in an efficient manner, (b) for the purpose of properly administering your account in accordance with the standard operating procedures of IWGA or its affiliated organizations, or (c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS, respond to claims that any content violates the rights of third-parties, or protect the rights, property, or personal safety of other users or the public.

DISCLAIMERS

YOU ACKNOWLEDGE AND AGREE THAT:
A. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IWGA DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

B. IWGA MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IWGA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IWGA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IWGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF IWGA.

TRADEMARK AND COPYRIGHT INFORMATION

IWGA, the IWGA logo, the World Games 2005 Duisburg™ logo, emblem and mascots and the IWGA pictograms and product and service names are trademarks and copyright material of IWGA and/or the Duisburg Organizing Committee. You agree not to display or use these marks in any manner without IWGA’s prior written permission.

GENERAL INFORMATION

These TOS (including the guidelines and rules referred to herein) constitute the entire agreement between you and IWGA and govern your use of the Website, superseding any prior agreements between you and IWGA as regards the Website. The TOS and the relationship between you and IWGA shall be governed by the laws of Switzerland.

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