We reserve the right, at any time and from time to time, to modify or discontinue the Site or terminate your access to the Site, with or without notice, charge fees in connection with the use of the Site, modify or waive any fees charged in connection with the Site and offer opportunities to some or all users of the Site. You agree that we will not be liable to you for any modification or discontinuation of the Site or termination of your access to the Site, in whole or in part, or of any product or service, content or feature offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of the changes.
The Site is available only to people who are of legal age to form a binding contract, and in no event may the Site be used by a person aged 13 or younger without consent from such person's parent or legal guardian. The Site is owned, operated and maintained by Game Jolt from the United States of America, and Game Jolt does not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction. You choose to access, view or use the Site on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Our Service Generally
We endeavor to provide users of the Site with access to certain specialized content and services relating to video games and other products and services. We do not review, screen, edit or monitor all of the information or content submitted to the Site or make judgments about such information or content. While we attempt to provide useful information and content on the Site, you acknowledge that the information and content we use is reliant upon third-party data and contributions (such as contributions by independent video game developers), that there are certain inherent limitations to the accuracy or currency of such information, that such information may be incomplete or may contain inaccuracies and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information.
Any person's access to or use of the Site is not an endorsement of that person by us or a guarantee of that person's identity, quality, pricing or availability. You should verify the accuracy of any information you obtain from the Site before using such information. You agree to be solely responsible for your use of the Site and any information available through the Site.
Unless otherwise provided in a written agreement between Game Jolt and you, the Site and any information, products or services made available through the Site are provided on an "AS IS," "AS AVAILABLE" and "AS MODIFIED FROM TIME TO TIME" basis. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery of information.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DATA OR INFORMATION THAT IS CONTRIBUTED TO THE SITE BY THIRD PARTIES, SUCH AS INDEPENDENT VIDEO GAME DEVELOPERS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS OR ANY DATA OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Your use of the Site and any product or service available through the Site (collectively, the "Game Jolt Services") requires a compatible computer, Internet access (fees may apply) and certain software (fees may apply) and may require obtaining patches, updates or upgrades from time to time. Because your use of the Game Jolt Services involves hardware, software and Internet access (high speed Internet access is strongly recommended), your ability to use the Game Jolt Services may be affected by these factors. You are responsible for being aware of any particular system requirements of any specific product or service available through the Site and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase may be found on the information page for each product or service. Physical copies of products are not available. If you are having difficulty downloading a product or encounter any other issues with the purchase, download or activation of a product or service, you should contact us at firstname.lastname@example.org.
Your Registration Obligations
To use the Site or certain parts or enhancements to the Site, you may be required to have a user account (your "Account"). In this case, you agree to provide accurate information when establishing and updating your Account. You are responsible for maintaining the confidentiality of your password and keeping it secure, and you will be responsible for all usage of your Account and user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your Account, user name or password. In addition, you agree that you will never use another user's Account.
When you purchase a product or service through your Account, you may receive a unique download page. You will not, directly or indirectly, disclose the unique URL for your download page to anyone else or use anyone else's download page. You are solely and entirely responsible for all activities that occur on your download page. Game Jolt will not be responsible for any losses arising out of the unauthorized use of your download page.
We will not be liable for any loss or damage caused by the unauthorized use of your Account. However, you may be liable for our losses or the losses of others due to such unauthorized use. Although we have confidence in our security policies, their effectiveness relies upon your adherence to these Terms.
We reserve the right, in our sole discretion, to terminate or suspend your Account if we believe, or have been notified by a third party of its belief that, you may be infringing the rights of others, violating the copyrights or trademarks of others or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Site or to any product or service available through the Site for any reason or no reason, with or without notice. In the event of termination, your Account will be disabled, and you will not have access to your Account. You should be aware that, if your Account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.
Payment and Delivery
Prices and Taxes. The price that you will pay for any product or service purchased through your Account will include the price of the product or service plus any applicable sales, use, value added or other taxes in effect on the time of purchase that Game Jolt is required to collect. Game Jolt may change prices and availability of products and services at any time. If Game Jolt does not charge you for any applicable sales, use, value added or other taxes, you will not be relieved from your obligation to pay such taxes, and you must pay to the applicable taxing authority any taxes that may be due as a result of your purchase through your Account.
Payment Processors. The Site may use PayPal, Amazon Payments or other third-party payment processors as may be indicated on the applicable purchase page. You agree to pay for all products and services that you purchase through the Site, and you hereby authorize Game Jolt to charge your chosen payment method for any products and services purchased and for any additional amounts due with respect to your Account (including, without limitation, any applicable taxes and late fees). Charges to your selected payment method will occur at the time of purchase. If you use the services of a third-party payment processor, you will be bound by that third party's terms and conditions, which are available on that third party's website. Game Jolt may change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Site at the prices in effect when such charges are incurred.
Electronic Signatures. Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE LEGALLY BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE LEGALLY BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING, WITHOUT LIMITATION, NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Delivery of Products. On occasion, technical problems may delay, interrupt or prevent the download or activation of the product or service that you purchased through the Site. Your exclusive and sole remedy with respect to any product or service that is not downloadable or able to be activated within a reasonable period will be either replacement of such product or service, store credit or refund of the purchase price paid, as determined by Game Jolt in its sole discretion. Game Jolt will have no liability for issues encountered with downloading, activating or using products or services due to factors beyond Game Jolt's control, including, without limitation, your computer's performance and the speed of your Internet connection. Some products and services still may be in development when you purchase them. You understand that product or service release dates may be delayed and that release dates and times posted on the Site only are estimates. You will not be entitled to any refund for a delayed product or service release date. Our obligation to deliver any product or service to you will be complete at the time and place you first receive the information necessary to commence download or activation of such product or service. In all circumstances, it is your responsibility to ensure that a product or service is correctly and completely installed on your computer. Once a product or service is purchased and you receive the product or service, it is your responsibility to keep the product or service from being misplaced, damaged or destroyed, and Game Jolt will have no liability to you in the event of any loss, damage or destruction.
No Ongoing Obligations. Notwithstanding any other provision of these Terms, Game Jolt and its licensors reserve the right, without any liability to you, to change, suspend, remove or disable access to any product or service sold or made available through the Site at any time without notice. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any product or service (although Game Jolt may offer such updates, versions or enhancements at its sole discretion).
Assistance with Orders. For assistance with billing questions or other order inquiries, please email us at email@example.com.
Refund Policy. Certain restrictions apply to sales of products and services sold or made available through the Site that might not otherwise apply to physical goods. Refunds will not necessarily be issued due to your dissatisfaction with the product or service or if your computer does not meet the minimum product or service requirements. If you think you qualify for a refund, please email us at firstname.lastname@example.org. Refunds will be issued solely at Game Jolt's discretion. Two months after a purchase, it is no longer possible for us to issue refunds on purchases through third-party payment processors, so you should contact us as soon as possible with refund inquiries.
Game Jolt Content
All content on this Site (except for User Content, as defined below), including, without limitation, art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, service marks, trade dress, trade names, logos, product and character names, slogans and the compilation of any of the foregoing (collectively, the "Content"), is the property of Game Jolt and/or its licensors and is protected in the United States and internationally under trademark, copyright and other intellectual property laws. For information about content posted by end users, such as you, please refer to "Ownership of User Content and License" below. Certain Content that is not owned by Game Jolt is the property of the third parties that market or license that Content to Game Jolt.
Game Jolt assumes no responsibility regarding the accuracy of the Content, and your use of the Content is at your own risk. Game Jolt provides no assurances that any reported inaccuracies in any Content can or will be resolved. By furnishing the Content, Game Jolt does not grant any licenses to any copyrights, patents, trademarks, service marks, trade dress, trade names or any other intellectual property rights. You agree not to display or use any Content in any publication, in any public performance, for any commercial purpose, in connection with any product or service that is not supplied by Game Jolt or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Game Jolt and/or its licensors, that dilutes the strength of Game Jolt's or its licensor's property or that otherwise infringes Game Jolt's or its licensors' intellectual property rights. You further agree to in no other way misuse any Content.
On certain areas of the Site, you may be allowed to create an Account and, through that Account or otherwise, you may be able to chat with other users and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including, without limitation, through the posting of games) and other materials and content (collectively, "User Content"). Your posting of User Content is subject to these Terms and the following posting rules (the "Posting Rules"). Users found in violation of the Posting Rules or these Terms may have their Accounts terminated by Game Jolt or otherwise may have their access to the Site restricted by Game Jolt.
No Illegal or Infringing Content or Conduct. You understand and acknowledge that you are responsible for your User Content, and you agree not to post any User Content that is unlawful, tortious, defamatory, libelous or invasive of the privacy of another person. If you post any User Content that is obscene, threatening, harassing, abusive, hateful, racist, infringing or otherwise objectionable or inappropriate (collectively, "Obscene Content"), you must correctly tag the User Content as such through the different tagging mechanisms made available by Game Jolt. If you tag any User Content that contains Obscene Content incorrectly or not at all, the User Content may be removed from the Site and your Account may be terminated. You agree that you will not post any Obscene Content to the Site's public message boards or chat rooms and that you will not submit false or harassing reports or complaints to Game Jolt about other End Users.
No Violations of Third Party Rights. You agree that you will not post any User Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including, without limitation, the personnel of Game Jolt. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
No Commercial Use. This Site is intended to allow for information exchanges and for users to express their opinions. You agree that, unless specifically permitted by Game Jolt in writing, you will not post any User Content that contains business solicitation of any type, including, without limitation, advertising a product or service, offering a product or service for sale or directing readers to a location for more information about a product or service. Notwithstanding the foregoing, you may submit games that advertise a specific product or service, provided that the User Content otherwise conforms to the Posting Rules and these Terms.
No Viruses, Corrupting Files, Interference or Cheat Software. You agree that you will not post any software, files or links to other sites, except as may be specifically permitted by Game Jolt in writing, and that you will not post any User Content that contains viruses, corrupted files or any other similar software or programs that may adversely affect the operation of the Site or any feature of the Site. You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at the Site or elsewhere, and you will not use robots, spiders or other means to cheat in online games at the Site or otherwise engage in fraudulent activity such as "click fraud."
Account Information. You may not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently. You will be solely responsible for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful.
Other Restrictions. You agree that you will not engage in any of the following prohibited activities: (a) copying or distributing any part of the Game Jolt Services in any medium, including, without limitation, by any automated or non-automated "scraping"; (b) using any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., to access any part of the Game Jolt Services in a manner that sends more request messages to Game Jolt servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running any part of the Game Jolt Services; (e) taking any action that imposes, or may impose in our sole judgment, an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms or other software agents through any part of the Game Jolt Services; (g) collecting or harvesting any personally identifiable information, including, without limitation, account names and addresses, from any part of the Game Jolt Services; (h) interfering with the proper working of the Game Jolt Services; (i) accessing any Content through any technology or means other than those provided, authorized or reasonably contemplated by the Game Jolt Services; or (j) bypassing the measures we may use to prevent or restrict access to the Game Jolt Services, including, without limitation, features that prevent or restrict use or copying of any Content or enforce limitations on use of the Game Jolt Services or the Content.
Responsibility of Postings. You understand and acknowledge that User Content is solely your responsibility and that Game Jolt is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Game Jolt, and Game Jolt does not endorse and has no control over User Content. User Content is not necessarily reviewed by Game Jolt prior to posting, and Game Jolt makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
No Monitoring/Violation Notices. Game Jolt does not necessarily monitor any materials posted, transmitted or communicated to or within the Site. If you believe that something on the Site violates these Posting Rules or otherwise violates these Terms, you may send an email to email@example.com.
Account Termination/No Ownership of Account. You understand and agree that you have no ownership rights in your Account. Game Jolt may cancel your Account and delete all User Content associated with your Account at any time and without notice if Game Jolt believes that you have violated the Posting Rules, these Terms or any law or for any other reason or no reason at all. Game Jolt assumes no liability for any information removed from the Site, and Game Jolt reserves the right to permanently restrict access to the Site or an Account.
No Confidentiality. The nature of this Site is interactive and public, although your Account may allow you to keep certain User Content hidden from public view. By making your User Content available in the Site's public areas, you understand and acknowledge that any materials, ideas or other communications that you transmit will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other materials you transmit to Game Jolt may be used by Game Jolt anywhere, anytime and for any reason whatsoever, subject to the terms of the User Content License described in "Ownership of Posted Content and License" below.
Ownership of Posted Content and License
After posting your User Content to the Site, you will continue to retain your ownership rights in such User Content, and you will continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described below (the "User Content License"). Game Jolt may delete any User Content that, in Game Jolt's sole discretion, violates these Terms or the Posting Rules.
Scope of License. By displaying, publishing or otherwise posting any User Content on or through the Site, you hereby grant to Game Jolt and its successors and assigns a perpetual, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free right and license to use, reproduce, distribute, make available, publicly display, publicly perform, transmit, host, broadcast and stream such User Content.
Representations. You represent and warrant to Game Jolt and its successors and assigns that (a) you own the User Content displayed, published or posted by you on the Site; (b) you have the right to grant the User Content License set forth in these Terms and (c) the displaying, publishing or posting of your User Content (or any use of your User Content consistent with the User Content License) will not violate the privacy rights, publicity rights, copyrights, trademarks, service marks, trade dress, trade names, patents, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any User Content appearing on the Site.
Feedback. If you provide us with any request, suggestion or feedback regarding the functionality and performance of the Game Jolt Services (including, without limitation, identifying potential errors and improvements), you hereby assign to Game Jolt all right, title and interest in and to such request, suggestion or feedback, and Game Jolt will have the right to use, implement and modify such request, suggestion or feedback without any payment or restriction.
You understand that, by using the Game Jolt Services, you may encounter Content that may be deemed mature, offensive, indecent or objectionable; that may or may not be identified as having explicit language or adult themes and that may be due to the Content of a specific product or service or your interactions with other End Users in the course of using the Game Jolt Services. You agree to use the Game Jolt Services at your sole risk and that Game Jolt will have no liability to you for any Content that may be found to be mature, offensive, indecent or objectionable.
Notice to Copyright and Trademark Owners
If you are a copyright or trademark owner (or an agent of a copyright or trademark owner), and you believe that your copyright or trademark rights have been violated by any posting, submission or other content on the Site, please go to our Proprietary Rights Complaint Process page and follow the instructions in that area.
You agree to indemnify, defend and hold harmless Game Jolt and its affiliates and their respective owners, directors, officers, managers, employees, agents, contractors, advertisers and partners from any claim or demand, including, without limitation, reasonable attorney fees, that may be asserted or filed by any third party, arising out of or relating to your use of the Site or any product or service available through the Site, your submission or provision of User Content to the Site, your violation of these Terms or any other violation by you of the rights of another person or party.
Links to Other Sites and Third-party Services
In addition, the products and services of third parties may be advertised or made available through the Site. Representations made regarding such products and services will be governed by the policies and representations made by such third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN GAME JOLT AND YOU, YOU UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "AS MODIFIED FROM TIME TO TIME" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAME JOLT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) GAME JOLT DOES NOT WARRANT THAT (i) THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE OR OF ANY QUALITY; (iii) THE QUALITY OF ANY PRODUCT, SERVICE, DATA OR OTHER INFORMATION PURCHASED, ACCESSED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE WILL BE CORRECTED.
(c) IF YOU DOWNLOAD OR OBTAIN ANY CONTENT THROUGH THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU SOLELY WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE.
(d) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM GAME JOLT OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN GAME JOLT AND YOU, YOU UNDERSTAND AND AGREE THAT GAME JOLT WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAME JOLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (a) THE USE OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE; (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA OR TRANSMISSIONS; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE.
Choice of Law; Jurisdiction; Forum
These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods will not apply to these Terms. You agree that any claim, legal proceeding or litigation arising in connection with your use of the Site, your Account or any product or service obtained through the Site will be brought exclusively in King County, Washington, and you consent to the exclusive jurisdiction of the federal and state courts in King County, Washington.
You may not assign your rights or delegate your obligations under these Terms without our prior written consent. You acknowledge and agree that no partnership is formed between you and Game Jolt by virtue of these Terms, and neither party has the power or the authority to obligate or bind the other. Unless expressly provided in these Terms, these Terms are not intended to benefit, and are not deemed to give rise to, any rights in any third party. The waiver by us of a breach of any provision of these Terms will not be taken or held to be a waiver of the provision itself. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect. You agree that we may provide you with notices, including notices regarding changes to these Terms, by email, regular mail or postings on the Site. Any communication or notice that you provide to us will be provided by email at firstname.lastname@example.org.
Any software that may be available in connection with the Site is further subject to U.S. export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws.
These Terms constitute a legally binding agreement between you and Game Jolt, and these Terms are accepted by you upon your use of the Site or your creation of your Account.