Last Update: 2024/06/27
(i) IARC will generate or has generated ratings for your product on the condition that you agree and comply with all of these terms. If you do not agree to comply with all of these terms, then you may not use or display any ratings generated by IARC. (ii) You agree that your responses to the IARC questionnaire, which IARC uses to generate ratings for your product, are complete, accurate, and take into account all content in your product. (iii) Ratings generated by IARC may only be used on digital storefronts that have licensed IARC (list here) and cannot be used on any physical product or on any storefront that has not licensed IARC. (iv) Ratings generated by IARC may only be used for the product for which they are generated and for subsequent changes and additions to that product (e.g., updates, add-ons, downloadable content) that would not change the questionnaire responses originally provided by the developer concerning that product. (v) If subsequent changes or additions to your product (e.g., updates, add-ons, downloadable content) would change your questionnaire responses concerning your product, then you must complete the IARC questionnaire again and receive new ratings generated by IARC for your product. (vi) If you believe a rating generated by IARC for your product is incorrect, you may request a rating check directly from the corresponding rating authority by using the "request a rating check" link provided upon the product's release. (vii) The rating authority for each region may revise the rating for your product for its region if it determines that such rating is not appropriate for the product. (viii) If a rating generated by IARC is revised, you and storefronts that have licensed IARC will be notified and required to update the rating wherever it is displayed (e.g., product pages, advertising, websites, social media). (ix) The ratings generated by IARC are trademarks of the respective rating authorities and may only be used to inform consumers about the content, age-appropriateness, and interactive elements of the product rated. (x) For the benefit of consumers, participating rating authorities strongly encourage you to use the ratings generated by IARC on all advertising and marketing materials, subject to the IARC Advertising and Marketing Guidelines. (xi) You acknowledge that the ratings generated by IARC do not imply or guarantee your compliance with the rules, laws, or regulations applicable to the advertising, marketing, or sale of your product in any region or jurisdiction. (xii) These terms have been prepared in English; translations are provided for informational purposes only. In the event of a conflict or inconsistency between versions of these terms, the English-language version shall prevail and be binding.
These TOU provide to you with a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Rating Tool, solely to generate ratings for your game or app, conditioned on your continued compliance with these TOU. The content, layout, formatting, features of, and access privileges for the Rating Tool shall be as determined by IARC in its sole discretion. You also acknowledge and agree to the following: (i) IARC has the right to control and direct the means, manner, and method by which the Rating Tool is provided; (ii) IARC may from time to time engage independent contractors, consultants, or subcontractors to aid IARC in providing the Rating Tool or use thereof; and (iii) IARC has the right to provide the Rating Tool to others.
Notwithstanding the foregoing, you may not: (i) modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels on, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Rating Tool or any content or materials made available on or through the Rating Tool (specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material appearing on the Rating Tool without the prior express written permission of IARC and/or its licensor(s)); (ii) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Rating Tool or in any way reproduce or circumvent the navigational structure or presentation of the Rating Tool to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Rating Tool; (iii) attempt to gain unauthorized access to any portion or feature of the Rating Tool or any other systems or networks connected to the Rating Tool or to any IARC server or to any of the services offered on or through the Rating Tool, by hacking, password "mining," or any other illegitimate or prohibited means; (iv) probe, scan, or test the vulnerability of the Rating Tool or any network connected to the Rating Tool, nor breach the security or authentication measures on the Rating Tool or any network connected to the Rating Tool; (v) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Rating Tool; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Rating Tool or IARC's systems or networks or any systems or networks connected to the Rating Tool; (vii) use any device, software, or routine to interfere with the proper working of the Rating Tool or with any other person's use of the Rating Tool; (viii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to IARC on or through the Rating Tool; (ix) use the Rating Tool to harvest or collect personal or other confidential information; (x) distribute any unauthorized materials or advertise or promote goods or services through the Rating Tool without IARC's permission (including, without limitation, by sending spam or any other similar solicitation); (xi) use the Rating Tool, the ratings it generates or any other property of IARC or a rating authority whose ratings are generated by the Rating Tool ("Rating Authority") in a way that is not expressly authorized by these TOU or an IARC Live Rating Notice; (xii) provide inaccurate, incomplete or misleading information to IARC or any of the Rating Authorities; (xiii) link or connect to the Rating Tool or otherwise use the Rating Tool anywhere other than on the storefront where you accessed it; (xiii) use any rating issued by the Rating Tool anywhere other than on a storefront that participates in IARC (for a list of participating storefronts, visit the IARC website); (xiv) use any rating issued by the Rating Tool on a physical product (as opposed to the digital game or app for which the rating was issued); (xv) state or imply that you or your products or services are endorsed by IARC; (xvi) infringe or violate any rights of IARC, any of the Rating Authorities or any other person or entity, including any copyright, patent, trademark, trade secret, privacy or publicity rights; (xvii) use the Rating Tool in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact IARC; or (xviii) engage in any other activity that IARC determines is unacceptable or in conflict with the letter or spirit of these TOU or of the expectations or interests of IARC or users of the Rating Tool.
By accessing or using the Rating Tool in order to view any information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the legal age of majority in your jurisdiction (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information. If you provide any false, inaccurate, untrue, or incomplete information, IARC reserves the right to immediately terminate your access to and use of the Rating Tool. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Rating Tool. While IARC has endeavored to create a secure and reliable Rating Tool, you should understand that the confidentiality of any communication or material transmitted to or from the Rating Tool over the Internet or other form of global communication network cannot be guaranteed. Accordingly, IARC is not responsible for the security of any information transmitted to or from the Rating Tool. You must make your own determination as to such issues.
The Rating Tool may offer certain content or services that are available to you via your mobile phone or other mobile device (collectively, "Mobile Services"). Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of Mobile Services, and how much they will cost you. Nevertheless, all use of the Rating Tool and its Mobile Services must be in accordance with these TOU.
The Rating Tool allows you to enter your email address, which is submitted in encrypted form. IARC's use of personal information is governed by the IARC Rating Tool Privacy Policy. Please review the policy.
You expressly acknowledge and agree that IARC transfers no ownership or intellectual property interest or title in or to the Rating Tool to you. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, algorithms, products, information, questions, and documentation, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Rating Tool, unless otherwise indicated, are owned, controlled, and licensed by IARC and its successors and assigns or their licensors, and are protected by law, including, without limitation, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, IARC does not grant any other express or implied right to you or any other person in any intellectual or proprietary rights. INTERNATIONAL AGE RATING COALITION, IARC, and all other names, designs, logos, and icons identifying IARC, its affiliates, and any of their respective programs, events, solutions, products, and services, are proprietary trademarks of IARC or its affiliates, successors, or assigns or their respective licensors, and any use of such marks, including, without limitation, as domain names, without the express written permission of IARC is strictly prohibited. Other products and entities mentioned herein may be the trademarks and/or service marks of their respective owners, including the region-specific ratings and trademarks displayed on the Rating Tool that are licensed by the respective Rating Authority.
THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS RATING TOOL ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. IARC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PROGRAMS, PRODUCTS, SERVICES, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THIS RATING TOOL FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. IARC ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS RATING TOOL WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION, OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE RATING TOOL IN A MANNER FREE OF VIRUSES, CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
You expressly absolve and release IARC, our affiliates, the Rating Authorities, and each of our or its respective directors, officers, employees, agents, members, and assigns (collectively, the "IARC Parties"), from any claim of harm resulting from a cause beyond our or its control, including, without limitation, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE IARC PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS RATING TOOL, WITH THE DELAY OR INABILITY TO USE THIS RATING TOOL, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THIS RATING TOOL, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL AGGREGATE LIABILITY OF THE IARC PARTIES FOR ALL CLAIMS ARISING FOR ANY REASON WHATSOEVER RELATED TO USE OF THE RATING TOOL SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO IARC IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (U.S.), WHICHEVER IS LESS.
You agree to indemnify, defend, and hold the IARC Parties from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages, and liabilities related to or arising out of your use of the Rating Tool and any alleged violation by you of these TOU. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section at your expense. In such event, you shall provide us with such cooperation as we reasonably request.
These TOU have been made in and will be construed and enforced in accordance with the laws of the State of Delaware as applied to agreements entered into and completely performed in the State of Delaware and without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of these TOU and/or the Rating Tools must be resolved by arbitration in the New York, New York before a panel of one (1) arbitrator pursuant to the Commercial Rules then in effect of the American Arbitration Association, unless agreed in writing by all parties. Judgment upon the award rendered shall be binding on the parties and may be entered in any court having jurisdiction. The parties agree that the parties shall split the filing fees for the arbitration. The parties further agree that the arbitrator shall have the power to award damages, injunctive relief and reasonable attorneys' fees and expenses to any party in such arbitration, subject to the limitations set forth in this Agreement.
Actual or attempted unauthorized use of the Rating Tool may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. IARC reserves the right to view, monitor, and record activity on the Rating Tool, including, without limitation, by archiving notices or communications sent by you through the Rating Tool. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Rating Tool as well as to disclosures required by or under applicable law or related government agency actions. IARC will have the right to comply fully with any court orders or subpoenas involving requests for such information.
You acknowledge that any breach, threatened or actual, of these TOU, including, without limitation, with respect to unauthorized use of IARC proprietary assets, will cause irreparable injury to IARC, that such injury would not be quantifiable in monetary damages, and that IARC would not have an adequate remedy at law. You therefore agree that IARC shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual. Accordingly, you hereby waive any requirement that IARC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to IARC to enforce any provision of these TOU.
These TOU (or any modified versions of the TOU) will take effect (or re-take effect) at the moment you indicate your consent to these TOU by checking the "I Agree" box. IARC reserves the right, at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these TOU, to deny your access to the Rating Tool or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and these TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate these TOU at any time by notifying us at info@globalratingsglobalratings.com, but all applicable provisions of these TOU will survive termination as identified below Upon termination, you must destroy all copies of any aspect of the Rating Tool in your possession and you agree to no longer access the Rating Tool. The provisions concerning IARC's proprietary rights, feedback and submissions, disclaimers of warranty and liability, admissibility of these TOU, waiver and severability, entire agreement, governing law, and any other provisions that by their nature should survive, will survive the termination of these TOU for any reason.
Failure to insist on strict performance of any of the terms and conditions of these TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by IARC of any right under these TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these TOU shall continue in effect.
No joint venture, partnership, employment, affiliate, or agency relationship exists between you and IARC as result of these TOU or your use of the Rating Tool. These TOU represent the entire agreement between you and IARC with respect to use of the Rating Tool, and they supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and IARC with respect to the Rating Tool. You may not assign or transfer any rights under these TOU without the prior written consent of IARC. In addition, IARC may add, modify, or delete any aspect, program, or feature of the Rating Tool, but IARC is not under any obligation to add any upgrade, enhancement, or modification.