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Terms & Conditions

  1. About digitalfoundry.net
    1. digitalfoundry.net is an online entertainment, education and information service operated and owned by Gamer Network Limited ("Digital Foundry").
    2. These terms and conditions ("Terms") apply to all and any use of the web site available at digitalfoundry.net and its Content ("net").
    3. digitalfoundry.net and references to digitalfoundry.net include the Content, which is made up of and includes:
      1. any and all publications, podcasts, broadcasts, videos or other content produced by or for digitalfoundry.net and made available for download from digitalfoundry.net ("Produced Content")
      2. any and all articles, reviews, comments, postings, emails, messages and other content and communications uploaded, submitted, transmitted, posted or otherwise made available by third party users to or using digitalfoundry.net or any message board or similar services run or made available on or through digitalfoundry.net ("User Content").
    4. By using digitalfoundry.net you represent, undertake and confirm that you understand, accept and are able to understand and accept these Terms and agree to be bound by these Terms.
    5. If you do not accept or understand these Terms you should not use digitalfoundry.net or any part of it. That includes without limitation by using, posting or accessing the Content.
    6. If you are under the age of 18 or don't understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you.
    7. digitalfoundry.net may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from https://www.digitalfoundry.net/terms-and-conditions
  2. Accounts
    1. You may be required to set up an account in order to use certain features of digitalfoundry.net, including setting up a username and password.
    2. Any username and password issued to you is personal to you, so that you can use and access digitalfoundry.net.
    3. You must not disclose your username and password to any third party without Digital Foundry's prior written consent nor let anyone other than you use your account.
    4. You are and shall remain responsible for maintaining the confidentiality of your username, password and account.
    5. You are and shall remain responsible for all activities that occur using your username, password and account.
  3. Use of digitalfoundry.net
    1. You MAY download and use digitalfoundry.net and the Content on it solely for your private, non-commercial, personal use via the internet only.
    2. Digital Foundry grants you a non-exclusive, limited licence to download and use digitalfoundry.net and the Content solely for your private, non-commercial, personal use only via the Internet.
    3. These Terms and the rights granted by them do not grant you any title or ownership in digitalfoundry.net or any Content and should not be construed as a sale or transfer of any copyright or other right.
    4. You may not transfer, sub license or deal in these right without Digital Foundry's prior written permission.
    5. You agree not to:
      1. use digitalfoundry.net or any Content for any commercial or business purpose;
      2. include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in any User Content;
      3. use your access to digitalfoundry.net, or information gathered from it, for the sending of unsolicited bulk email or any spam;
      4. process or otherwise use the information contained on or within digitalfoundry.net or any Content for any illegal or immoral purpose or use or process the same unfairly.
  4. Intellectual Property Rights and digitalfoundry.net and Content
    1. By "Intellectual Property Rights" what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other like rights.
    2. All Intellectual Property Rights in the digitalfoundry.net web site design and software and all Produced Content belong to and vest in Digital Foundry, or are licensed to Digital Foundry unless otherwise specified. All such rights of Digital Foundry are hereby asserted and reserved.
    3. In respect of digitalfoundry.net (including the Content) you shall not:
      1. provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without Digital Foundry's prior written permission;
      2. display, publish, copy, print, post or otherwise use it and the information contained therein for the benefit of any third party or web site without Digital Foundry's prior written consent;
      3. hack, attempt to hack, modify, adapt, merge, translate, distribute, transmit, use, re-use, re-post, disassemble, decompile or reverse engineer or create derivative works out of digitalfoundry.net or any Content or information contained in it, for any purpose other than as expressly permitted above unless expressly permitted by applicable law;
      4. remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends;
      5. create software which mimics data or functionality in digitalfoundry.net;
      6. use or deal in it except as permitted by these Terms.
    4. You must retain all copyright notices and other proprietary notices contained on digitalfoundry.net and the Content.
    5. All third party Intellectual Property Rights are the property of their respective owners and Digital Foundry makes no warranty or representation in relation thereto.
  5. Forum and User Content
    1. digitalfoundry.net is an entertainment, education and information service and ancillary to this Digital Foundry is involved in the transmission, hosting, caching, storage, retrieval and dealing with User Content (including third party communications) without review, selection or alteration of their content - for which it is a mere conduit.
      1. The views expressed in any User Content are the views of the individual authors and not those of Digital Foundry unless specified otherwise by Digital Foundry.
      2. Digital Foundry is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
      3. By using digitalfoundry.net you acknowledge that Digital Foundry has no responsibility to review the content of any User Content and that all User Content is made available on the basis that Digital Foundry is not required to and does not exercise any control or judgment concerning its content.
      4. Notwithstanding the foregoing, Digital Foundry shall be entitled to remove or reject any User Content and remove or suspend your ability to access, upload, submit, transmit, post or otherwise place User Content on or through digitalfoundry.net for any reason.
      5. You agree and undertake that you will not upload, submit, transmit, post or otherwise place User Content nor make any communication or post to or transmit to digitalfoundry.net any statement or material that:
        1. is unlawful or which gives rise to civil or criminal liability;
        2. promotes any illegal or unlawful activity;
        3. infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
        4. includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
        5. is abusive, pornographic, defamatory, discriminatory or obscene;
        6. harasses any person;
        7. markets or promotes any third party;
        8. which seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
        9. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
        10. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.

      It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Digital Foundry has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using digitalfoundry.net and its services you accept that this is the case and accept that you therefore use digitalfoundry.net at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.

    2. You will be responsible for any User Content that you upload, submit, transmit, post or otherwise place on or through digitalfoundry.net and you accept that full responsibility and liability for that Content rests solely with you. Digital Foundry shall have no liability in relation thereto.
    3. By uploading, submitting, transmitting, posting or otherwise placing any User Content on or through digitalfoundry.net you expressly agree and confirm that:
      1. you are not a minor or else have your parent's or guardian's permission to do so on these Terms;
      2. your User Content may be used on and in connection with digitalfoundry.net;
      3. your username may be advertised and used in connection with any User Content you submit or make available;
      4. you grant to Digital Foundry the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use such User Content on and / or in connection with digitalfoundry.net and to give all consents (if any) which Digital Foundry requires including under copyright and other intellectual property, data protection and privacy laws world wide, for that use only;
      5. you agree that Digital Foundry may use, publish, edit, modify and adapt your User Content for any and all purposes relating to digitalfoundry.net and the business of Digital Foundry and you hereby grant it an unrestricted non-exclusive licence to do so and waive all so called moral rights in your User Content.
      6. you own or have proper licenses, permissions and other consents in place in respect of all features and resources used in the User Content you submit or make available;
      7. the User Content you submit or make available and the use of it as envisaged by these Terms does not and will not infringe any third party Intellectual Property Rights or other rights;
      8. you are entitled to submit it and make it available for use as envisaged by these Terms and you are not under any contractual or other obligations preventing you from doing so;
      9. you have received all necessary permissions and consent required for the use by Digital Foundry, as described in these Terms, of any User Content you submit or make available;
      10. that you have not granted any other person any rights that are inconsistent with the rights granted above.
  6. Liability
    1. Digital Foundry provides and maintains digitalfoundry.net for personal information, education and entertainment, on an "as is" basis
    2. Digital Foundry shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with digitalfoundry.net or any Content.
    3. Third party web sites and online services to which digitalfoundry.net links ("External Sites") have not been verified or reviewed by Digital Foundry.
    4. All use and access of External Sites is made at your own risk.
    5. Digital Foundry gives no warranty in connection with digitalfoundry.net other than as expressly stated and to the maximum extent permitted by law, Digital Foundry excludes liability for:
      1. any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Digital Foundry has been made aware of;
      2. the accuracy, currency or validity of the information and material contained within any Content or digitalfoundry.net;
      3. any interruptions to or delays in updating digitalfoundry.net;
      4. any incorrect or inaccurate information on digitalfoundry.net;
      5. the infringement by any person of any copyright or other intellectual property rights of any third party through any User Content or use of digitalfoundry.net;
      6. the availability, quality, content or nature of External Sites;
      7. any transaction involving External Sites;
      8. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading digitalfoundry.net, or any User Content;
      9. all representations, warranties, conditions and other Terms which but for this notice would have effect.
    6. Digital Foundry does not warrant that the operation of digitalfoundry.net will be uninterrupted or error free.
    7. Digital Foundry will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including without limitation Intercom outages, communications outages, fire, flood, war or act of God.
    8. Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
    9. These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Digital Foundry's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
    10. You agree that in relation to your use of digitalfoundry.net you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute digitalfoundry.net.
    11. You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account.
    12. You hereby indemnify, defend and hold Digital Foundry and Digital Foundry's affiliates and Digital Foundry's officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of digitalfoundry.net, any User Content and any use of your membership account. You shall use your best efforts to cooperate with Digital Foundry in the defense of any claim. Digital Foundry reserves the right, at Digital Foundry's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  7. Termination
    1. Without limiting any other rights it may have Digital Foundry may remove, restrict, cancel or suspend access to and use of digitalfoundry.net and Content or other any part of it, if it considers (in its sole discretion) that you have breached any of these Terms. Termination shall be without prejudice to the accrued rights of Digital Foundry.
  8. General
    1. Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
    2. Digital Foundry acts as principal on its own account and not as agent for you or any other person.
    3. If Digital Foundry does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
    4. In the event that any part of these terms and conditions is held to be unenforceable, such part will at Digital Foundry's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
    5. These terms and conditions constitute the entire agreement between you and Digital Foundry and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
    6. Reference to the word "include" and "including" shall mean and be read as "include without limitation" and "including without limitation" in these Terms.
    7. Use of Digital Foundry and these Terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
    8. digitalfoundry.net is intended for and directed at the UK and no representation or warranty is made as to whether digitalfoundry.net complies with the regulatory regime and local laws of any other countries.
    9. By using digitalfoundry.net you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content email and web usage.
  9. About Digital Foundry
    1. All questions, comments or enquiries should be directed to Digital Foundry at contact@digitalfoundry.net
      Gamer Network Limited
      3rd Floor
      1 Grand Parade
      Brighton
      BN2 9QB
      UK