Acceptance of Terms of Use and Amendments

Indiexpo.net, (also known as IndiExpo, FreankExpo, FreankExpo.net) ("Indiexpo," "we" or "us") owns, operates and maintains the freankexpo.net website, including, without limitation, all sub-pages (the "Site"). Each time you access, view or use the Site, you agree to be bound by these Terms of Use (these "Terms"), which may be amended from time to time. We will make commercially reasonable efforts to provide each user of the Site with notice of any amendment to these Terms, and we also will provide notice on the Site of any amendment to these Terms. Any amendment only will apply to your use of the Site on and after the date of the amendment. In addition, if you use or purchase any product or service through the Site, you also will be subject to any terms and conditions applicable to that product and service. If you do not agree with these Terms, you immediately should stop using the Site.
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. 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.

How Indiexpo uses cookies

A cookie is a small piece of text sent to your browser by a website that you visit. It helps the website to remember information about your visit, like your preferred language and other settings. That can make your next visit easier and the site more useful to you. Cookies play an important role. Without them, using the web would be a much more frustrating experience. We use cookies for many purposes. We use them, for example, to remember your safe search preferences, to make the ads that you see more relevant to you, to count how many visitors we receive to a page, to help you sign up for our services and to protect your data. Types of cookies used by Indiexpo

Preferences : These cookies allow our websites to remember information that changes the way that the site behaves or looks, such as your preferred language or the region that you are in. For instance, by remembering your region, a website may be able to provide you with local weather reports or traffic news. These cookies can also assist you in changing text size, font and other parts of web pages that you can personalise. Loss of the information stored in a preference cookie may make the website experience less functional but should not prevent it from working. Security : We use security cookies to authenticate users, prevent fraudulent use of login credentials and protect user data from unauthorised parties. Processes : Process cookies help make the website work and deliver services that the website visitor expects, like navigating around web pages or accessing secure areas of the website. Without these cookies, the website cannot function properly. Advertising : We use cookies to make advertising more engaging to users and more valuable to publishers and advertisers. Some common applications of cookies are to select advertising based on what’s relevant to a user; to improve reporting on campaign performance and to avoid showing ads that the user has already seen. Analytics : Google Analytics is Google’s analytics tool that helps website and app owners to understand how visitors engage with their properties. It may use a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to Google. The main cookie used by Google Analytics is the ‘__ga’ cookie. 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 Indiexpo 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.

Product Requirements

Your use of the Site and any product or service available through the Site (collectively, the "Indiexpo 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 Indiexpo Services involves hardware, software and Internet access (high speed Internet access is strongly recommended), your ability to use the Indiexpo 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 info@indiexpo.net.

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 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. Indiexpo 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.

Indiexpo Content

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 Indiexpo is the property of the third parties that market or license that Content to Indiexpo. Indiexpo assumes no responsibility regarding the accuracy of the Content, and your use of the Content is at your own risk. Indiexpo provides no assurances that any reported inaccuracies in any Content can or will be resolved. By furnishing the Content, Indiexpo 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 Indiexpo or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Indiexpo and/or its licensors, that dilutes the strength of Indiexpo's or its licensor's property or that otherwise infringes Indiexpo's or its licensors' intellectual property rights. You further agree to in no other way misuse any Content.

Posting Rules

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 Indiexpo or otherwise may have their access to the Site restricted by Indiexpo.
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 Indiexpo. 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 Indiexpo 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 Indiexpo. 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 Indiexpo 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 Indiexpo 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 Indiexpo 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 Indiexpo Services in a manner that sends more request messages to Indiexpo 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 Indiexpo 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 Indiexpo Services; (g) collecting or harvesting any personally identifiable information, including, without limitation, account names and addresses, from any part of the Indiexpo Services; (h) interfering with the proper working of the Indiexpo Services; (i) accessing any Content through any technology or means other than those provided, authorized or reasonably contemplated by the Indiexpo Services; or (j) bypassing the measures we may use to prevent or restrict access to the Indiexpo Services, including, without limitation, features that prevent or restrict use or copying of any Content or enforce limitations on use of the Indiexpo Services or the Content.
Responsibility of Postings. You understand and acknowledge that User Content is solely your responsibility and that Indiexpo 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 Indiexpo, and Indiexpo does not endorse and has no control over User Content. User Content is not necessarily reviewed by Indiexpo prior to posting, and Indiexpo 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. Indiexpo 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 info@indiexpo.net.
Account Termination/No Ownership of Account. You understand and agree that you have no ownership rights in your Account. Indiexpo may cancel your Account and delete all User Content associated with your Account at any time and without notice if Indiexpo believes that you have violated the Posting Rules, these Terms or any law or for any other reason or no reason at all. Indiexpo assumes no liability for any information removed from the Site, and Indiexpo reserves the right to permanently restrict access to the Site or an Account. You can not use an username with the words Indiexpo.net, (or also IndiExpo, FreankExpo, FreankExpo.net)
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 Indiexpo may be used by Indiexpo 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"). Indiexpo may delete any User Content that, in Indiexpo's sole discretion, violates these Terms or the Posting Rules. Indiexpo will be able to use screenshots or elements of your games to promote them or use in banners, videos or other media to promote the website or other games on social networks, applications, extensions, poster, cover or other promotional material
Scope of License. By displaying, publishing or otherwise posting any User Content on or through the Site, you hereby grant to Indiexpo 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 Indiexpo 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 Indiexpo Services (including, without limitation, identifying potential errors and improvements), you hereby assign to Indiexpo all right, title and interest in and to such request, suggestion or feedback, and Indiexpo will have the right to use, implement and modify such request, suggestion or feedback without any payment or restriction.

Objectionable Material

You understand that, by using the Indiexpo 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 Indiexpo Services. You agree to use the Indiexpo Services at your sole risk and that Indiexpo 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 contact us at info@indiexpo.net .

Indemnification

You agree to indemnify, defend and hold harmless Indiexpo 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.

Privacy

As a condition to using the Site, you agree to the terms of our Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy may be updated from time to time. You agree that we may access or disclose your personal information, including, without limitation, the content of your communications, if we are required to do so to comply with any legal process or governmental request, or as otherwise provided in the Privacy Policy or these Terms. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

Links to Other Sites and Third-party Services

The Site contains links to third-party websites. These links are provided as a convenience to you and not as an endorsement by us of such third-party websites. We are not responsible for the content of linked third-party websites and do not make any representations regarding the content or accuracy of the materials on such websites. Information you submit at a third-party website is subject to the terms of that website's privacy policy, and Indiexpo has no control over how your information is collected, used or otherwise handled. If you decide to access linked third-party websites, YOU DO SO AT YOUR OWN RISK.

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 FREANKEXPO 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, FREANKEXPO 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) FREANKEXPO 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 FREANKEXPO 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 FREANKEXPO AND YOU, YOU UNDERSTAND AND AGREE THAT FREANKEXPO 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 FREANKEXPO 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 Italy, 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 Italy - Benevento(BN) CAP 82100, and you consent to the exclusive jurisdiction of the federal and state courts in Italy, Benevento.

Miscellaneous

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 Indiexpo 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 info@indiexpo.net.
Any software that may be available in connection with the Site is further subject to U.S. and Italian export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of Italy export laws.
These Terms constitute a legally binding agreement between you and Indiexpo, and these Terms are accepted by you upon your use of the Site or your creation of your Account.