Video Game Voice
Effective: June 10, 2019
PLEASE READ CAREFULLY
1. Changes to Terms. NPD may change the Terms at any time. Any changes to the Terms will be made by posting the updated Terms on the Site, as indicated by a new "last updated" date for the Terms. You accept changes by using the Site after we post the changes or, if applicable, by confirming acceptance of the updated Terms. You are responsible for checking the Site for any updated Terms.
2. Membership in VG Voice. Membership in VG Voice is open to legal residents of the 50 United States (and the District of Columbia), who are 13 years or older at the time of enrollment and and have an internet connected X-Box Live ® or PlayStation Network® gaming system (“Gaming System”). To become a member, you must (i) complete the online registration form by providing complete and accurate information, including your email address, date of birth, gender, zip code, and type of Gaming System and the Gaming System user name (“Gamer Account”) and (ii) accept the NPD “Friend” request sent to your Gamer Account.
3. Rewards. When you accept NPD’s “Friend” request on your Gamer Account, you will receive a reward, currently a $2 Amazon e -gift card (“Reward”). The Reward code will be sent to your email account within 5-7 business days after you accept the NPD “Friend” request. If you joined VG Voice through an advertisement, offer, or link via a third party and were offered a reward for joining the VG Voice from the third party, NPD is not responsible or liable for the fulfillment or processing of such rewards.
4. Sweepstakes. Members have the opportunity to earn sweepstakes entries to the VG Voice Sweepstakes pursuant to the Official Rules .
5. Termination of Your Membership. You can cancel your VG Voice membership at any time by clicking on the "unsubscribe" link which can be found on the Site and then following the unsubscribe process as indicated on the Site. Upon completion of the unsubscribe process, your membership will be deactivated within 7 to 10 business days. NPD, in its sole discretion, may terminate your membership for any reason or for no reason.
6. Disclaimer. ALL INFORMATION, SITE CONTENT, MATERIAL, AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE SITE, ARE PROVIDED "AS IS". NPD AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, SURVEYS, PRODUCTS, OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT. FURTHER, NPD HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NPD DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE SITE OR ANY CONTENT, MATERIAL, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SITE AND MAKE THE SITE AVAILABLE WILL BE FUNCTIONAL, OR THAT THE SITE AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NPD DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SITE.
7. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER NPD NOR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR, OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OF DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THESE TERMS OR THIS SITE, EVEN IF NPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification. You agree to indemnify and hold NPD, and its affiliated companies, together with their officers, directors, shareholders, employees, partners, suppliers and agents harmless from any and all demands, claims, losses, damages, suits, fines, levies and costs (including reasonable attorney's fees), which arise out of or are in any way related to your use of the Site, NPD’s termination of your membership or NPD’s termination of the Site.
9. Third Party Links. You may be able to voluntarily link or connect to websites maintained and/or operated by third parties ("Third Party Website"). NPD does not endorse any Third Party Website nor any products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website. NPD does not make any representations or warranties regarding any Third Party Websites and/or the information displayed on Third Party Websites. Please carefully review all policies and terms applicable to the Third Party Websites.
10. Intellectual Property. You understand and agree that the Site is protected by trademarks, copyright, service marks, or other intellectual property rights and laws. All trademarks, service marks, logos and trade names used on this Site are the property of NPD or its respective owners. All rights are reserved. All rights not expressly granted to you are reserved by NPD.
11. Severability. If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
12. Waiver. If NPD fails to act on any of the Terms, such failure is not to be construed as a waiver of any provision of the Terms unless NPD agrees to any such waiver in writing.
13. Governing Law. You agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and NPD and, to the fullest extent permissible by applicable law, You agree to the exclusive jurisdiction and venue of the state and federal courts in the State of New York for actions related to the subject matter hereof. You further agree that any claim, cause of action or suit related to the Site or the Terms must be filed within one year after such cause of action arose.
14. E-mail and Push Communications. You agree to receive e-mail and push communications from NPD, which may include account and promotional notifications.
15. No Agency. You agree that your membership in VG Voice does not create any agency, partnership or employment relationship.