Last Updated: April 10, 2023

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Welcome to the Video Game Voice (“VG Voice”) website (“Site”) which is being provided to you (“You”) by Circana, Inc. and Circana Group, LLC (“Circana”, “we”, “us” or “our”). These Terms of use and Membership (“Terms”) govern your use of the Site and all of the services, text, information, graphics, photographs, videos and other materials that we may make available to you through any area of the Site (“Company Materials”).  READ THESE TERMS CAREFULLY BEFORE BROWSING OR OTHERWISE USING THE SITE. By using this Site and/or registering as a member of the VG Voice program (the “Program”), you agree to these Terms and confirm that you have read and understood our Privacy Policy.  By using the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site and joining VG Voice with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to agree to these Terms.  If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.  If you are not at least 13 years old, you may not use the Site or the Program at any time or in any manner or submit any information to the Site or the Program.

 

1. Changes. Circana may alter the Company Materials and/or may choose to modify, suspend or discontinue any part of or all of the Site (including but not limited to the Program) at any time. We reserve the right, in our sole discretion, to make changes to these Terms, which changes may include but are not limited to, the right to modify or terminate the Program, the rewards or sweepstakes. We encourage you to review these Terms on an ongoing basis as 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. If you have registered for the Program and changes to the Terms are of such nature that consent is needed or required, we will notify you by e-mail at least 30 days before such changes go into effect and you will be required to agree to the revised terms to remain a member of the Program and continue to use the Site.  For changes that do not require consent, your continued use of the Site after we notify you of and post the changes or your continuing to be a “Friend” to Circana on PlayStation or your continuing to permit Circana to “Follow” you on XBox Live does and will constitute your acceptance of these Terms as amended. 

 

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 have an internet connected XBox Live® or PlayStation Network® gaming system (collectively “Gaming System”).  To become a member, (a) with an XBox Live system you must (i) complete the online registration form by providing complete and accurate information, including your e-mail address, date of birth, gender, zip code, and type of Gaming System and the Gaming System user name (“Gamer Account”) and (ii) VG Voice must “Follow” your Gamer Account or (b) with a PlayStation Network system, you must (i) complete the online registration form by providing complete and accurate information, including your e-mail address, date of birth, gender, zip code, and type of Gaming System and the Gaming System user name (“Gamer Account”) and (ii) accept the VG Voice “Friend” request sent to your Gamer Account. You understand and agree that by permitting VG Voice to “Follow” your XBox Gamer Account and/or become your “Friend” on the PlayStation Network, you will be providing Circana with access to non-public information about your gaming activity.

 

3.  Rewards.  For the PlayStation Network system, when you accept VG Voice’s “Friend” request on your Gamer Account or for XBox Live, when VG Voice “Follows” your Gamer Account, you will receive a reward, currently a $2 Amazon e -gift card (“Reward”).  The Reward code will be sent to your e-mail account within 5-7 business days after you accept the VG Voice “Friend” request or VG Voice begins following you (as applicable). If you joined VG Voice through an advertisement, offer, or link via a third party and were offered a reward for joining VG Voice from the third party, Circana is not responsible or liable for the fulfillment or processing of such rewards.

 

4.  Sweepstakes. Members may 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 Program membership at any time by clicking on the "Opt Out" link which can be found on the Site and then following the instructions. Upon completion of the Opt Out process, your membership will be deactivated within 7 to 10 business days. You may also terminate your membership by unfriending VG Voice on the PlayStation Network or blocking VG Voice as a follower on XBox Live.  Circana, 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". CIRCANA 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, CIRCANA 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. CIRCANA 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. CIRCANA 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 CIRCANA 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 CIRCANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

8. Indemnification.  You agree to indemnify and hold Circana, 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, Circana’s termination of your Program membership or Circana’s discontinuation of the Program or 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"). Circana 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. Circana 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 Company Materials made available on the Site are the copyrighted property of Circana or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Circana, you agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Company Materials. All trademarks, service marks, logos and trade names used on this Site are the property of Circana or its respective owners. All rights are reserved. All rights not expressly granted to you are reserved by Circana.

 

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. A provision of this Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Circana at any time to require performance of any provision of these Terms shall in no manner affect Circana’s right at a later time to enforce the same. A waiver by Circana of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

 

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 Circana 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 communications from Circana, which may include account and promotional notifications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

15. No Agency. You agree that your membership in VG Voice does not create any agency, partnership or employment relationship.

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16.  Notices.   Legal notices shall be served to Circana/VG Voice via registered mail or overnight courier to VG Voice at 900 West Shore Rd, Port Washington, NY 11050 (in each case with delivery confirmation) and to you at the e-mail address associated with your VG Voice account. Notice shall be deemed given 24 hours after e-mail is sent, unless Circana is notified that the e-mail address is invalid.

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