Last updated: January 19, 2011
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.steampoweredgiraffe.com/engineer website (the "Service") operated by Steam Powered Giraffe LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Steam Powered Giraffe LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Steam Powered Giraffe LLC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Steam Powered Giraffe LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Steam Powered Giraffe LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Steam Powered Giraffe LLC will issue an automatically generated email informing you of the failed billing and cancel your account.
Steam Powered Giraffe LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Steam Powered Giraffe LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Refunds will not be given by Steam Powered Giraffe LLC to you for subscription fees already processed and paid. You understand that any fees associated with the authorized auto-renewal of your subscription will not be refundable. Once a subscription has been paid for you may cancel or pause your subscription, but it is up to you to make sure you cancel or pause you subscription before any preauthorized auto-renewal charges go through if you do not wish to be billed/charged for your subscription again.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Steam Powered Giraffe LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Steam Powered Giraffe LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use this Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Steam Powered Giraffe LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Steam Powered Giraffe LLC.
Our Service may contain links to third party web sites or services that are not owned or controlled by Steam Powered Giraffe LLC
Steam Powered Giraffe LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Steam Powered Giraffe LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Steam Powered Giraffe LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Steam Powered Giraffe LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Steam Powered Giraffe LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
This document explains what we do with the personal information that you give us. If you have not already done so, please read our User Agreement before reading this Privacy Policy. In general, we use the personal information that we collect from you to allow you to use the services offered by our website including Paid-For Content (The Engineer-eteer Program). This Privacy Policy applies only to our Service and not to any other company, individual, organisation or website that you may reach via a link from our website, except for those companies we mention below. If at any time you have a question about anything contained in this Privacy Policy or a general query on privacy, please contact us at steampoweredgiraffe@gmail.com
Consent
Your use of our Service signifies your consent to us collecting and using personal information about you in accordance with this Privacy Policy. Should we choose to change our Privacy Policy for any reason, the changes will be posted here, so that you are always kept informed of how we collect and use your personal information, and when we may disclose it.
Registration Information
Although certain areas of our website are made available to all visitors, before you can use the Service, you will need to register your details with us in accordance with the registration details. If you have not already done so, please register your details. Should you not register your details, you will not be allowed to use the Service.
We reserve the right to ask for your date of birth to verify your age. Please note we will not collect the personal information of any individual who tells us he or she is under the age of 18.
How we collect information from you
In order to process your account for the Service and in order to reconcile our accounts, Protx or such other payment partner as we may use from time to time may provide us with information detailing the credits and/or debits made to your credit/debit card.
Cookies
Cookies are small files of information which are stored on your computer. Web sites you visit ask your computer to store this information and retrieve the information from your computer so that they can keep track of things like other web sites you visit or how you navigate our website or other files which provide you with the Site. For more information about what cookies are and how they work, visit www.allaboutcookies.org.
On revisiting our website or in using the files, our computer server will recognise the cookie and give us information about your use of the Site. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use the Site but you may find that the Site may not function properly or is slower than when you allow a cookie to be installed on your machine.
How we look after your information
We make sure that all the information we hold on you is as safe as possible. In addition, we have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorised access and to comply with the UK Data Protection Act 1998. This means that sometimes we may ask you for proof of identity before disclosing any personal information to you.
What do we do with your information?
We use your information to process orders you make from our Site. We may contact you from time to time to let you know about our services which may include sending you newsletters and news on events that you may be interested in. You can elect not to receive such marketing material at any time by writing to steampoweredgiraffe@gmail.com.
When do we give information that you provide us with to other people?
Apart from entities that are involved in helping us to run our Site, we never give your information to any third parties. The entities that help us run our site is the company which provides hosting and design services to us, and other payment providers, which provides credit card payment processing services to us. In order to buy material from our Site you will have to comply with the terms of our payment partners.
Steam Powered Giraffe will only use data you provide to the extent necessary to enable us to operate the Site. We reserve the right to access and disclose individually identifiable information (i) to comply with applicable laws and government requests, (ii) to be able to operate our systems properly or (iii) to protect ourselves or our users.
How to contact us
If you ever want to change any information you have provided to us please contact us.