Terms of Use

1. INTRODUCTION

The IARC rating tool ("Rating Tool") is owned by International Age Rating Coalition, Inc. ("IARC"). These Terms of Use ("Terms") govern your access to and use of the Rating Tool so please read them carefully. By accessing or using the Rating Tool, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access or use the Rating Tool. Subject to your compliance with these Terms, IARC grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Rating Tool solely to generate ratings for your game or app.

2. OWNERSHIP

The Rating Tool (including all of its text, images, content, questions, structure, methods, algorithms, code and software, and all data, certificates and communications it generates) is the property of IARC and is protected by copyright and/or other applicable laws. All ratings and trademarks (including trade names, logos, certification marks, and rating icons) displayed on the Rating Tool or materials generated by the Rating Tool are the property of IARC or the rating authorities whose ratings are generated by the Rating Tool ("Rating Authorities"), and are protected by trademark and/or other applicable laws.

3. UNACCEPTABLE CONDUCT

You agree not to attempt or do any of the following:

You agree to immediately comply with any request from IARC that you stop conducting any activity described above or any other activity involving the Rating Tool, the ratings it generates or other property of IARC or any of the Rating Authorities that is not expressly authorized by these Terms or an IARC rating certificate.

4. PERSONAL INFORMATION

The Rating Tool includes forms where you can submit personally identifiable information (such as name or e-mail address) (collectively, "PII"). IARC's use of PII is governed by the IARC Rating Tool Privacy Policy which you hereby affirmatively and unambiguously consent to and which may change from time to time in IARC's sole discretion. Please check it frequently to ensure that you are aware of these changes.

5. DISCLAIMER AND LIMITATION OF LIABILITY

THE RATING TOOL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. IARC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IARC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE RATING TOOL WILL BE AVAILABLE, SECURE, OR FREE OF ERRORS, VIRUSES OR HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RATING TOOL OR THE RATINGS IT GENERATES WILL BE ACCURATE, RELIABLE OR LEGALLY COMPLIANT. YOU ACCESS AND USE THE RATING TOOL AND THE RATINGS IT GENERATES AT YOUR OWN RISK.

TO THE EXTENT PERMITTED BY LAW, IARC AND THE RATING AUTHORITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, COSTS, INTANGIBLE LOSSES OR ATTORNEYS' FEES, AND IN NO EVENT SHALL THE AGGREGATE TOTAL LIABILITY OF IARC AND THE RATING AUTHORITIES EXCEED $100, FOR ANY CLAIM ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THE RATING TOOL OR THE RATINGS IT GENERATES.

6. INDEMNIFICATION

You agree to indemnify and hold harmless IARC and the Rating Authorities from any claim, suit or action arising from or related to your breach of these Terms or your use of the Rating Tool or the ratings it generates, including liabilities or expenses arising from losses, damages, judgments, litigation costs and attorneys' fees.

7. ARBITRATION

All disputes arising from or relating to these Terms, the Rating Tool or the ratings it generates, which you and IARC cannot resolve informally, shall be settled by arbitration in the City of New York before a single arbitrator pursuant to the commercial rules of the American Arbitration Association. Judgment upon the award rendered shall be binding and may be entered in any court having jurisdiction. The party filing the arbitration shall bear the filing fees. The arbitrator's power to award relief shall be subject to the limitations set forth in these Terms. Neither party may seek a judicial review of an arbitrator's decision.

8. GENERAL PROVISIONS