VGMGO Terms of Service

The following are the official terms and conditions (“Terms”) applicable to the VGMGO application (“VGMGO”) between VGMarket LLC, 1452 Ashford Ave. # 307, San Juan, PR, 00907 (“VGM”) and the User (“Participant” “User””Playtester” “You”). Participation in Playtesting Services is only open to legal residents of the United States or the District of Columbia, or the United Kingdom, and who are 18 years of age or older. By participating in Playtesting Services organized through VGMGO, you agree that you have read and agree to these Terms.

1. Introduction

VGM is a multinational market research firm and the leading provider of custom research to the video game industry. VGM developed the VGMGO application in order to better facilitate the signup of, communication with, and optimized matching of Users interested in participating in video game playtesting, market research projects, focus groups, questionnaires, and online surveys (all activities collectively referred to as “Playtesting Services”).

2. Registration

Eligible Participant(s) must create an account & user profile on the VGMGO application by inputting the invite code provided by VGM representatives and creating a username and password that will be used to access the platform. When registering with VGMGO, Participant shall: (a) provide true, accurate, up-to-date and complete demographic information, gaming habits, and any other information requested during the registration process, and (b) promptly update the registration data if any changes are required.

3. Eligibility

To be eligible to participate in Playtesting Services and receive the Incentive, you must meet all of the eligibility requirements below:

  1. You must be 13 years of age or older;
  2. You must have an iOS or Android device and dedicated high-speed internet access. You must have an IP address generated at the geographic location you provide during Registration and You are prohibited from accessing VGMGO with a Virtual Private Network (VPN) or any other remote access tools. For iOS Users, you must download and install Testflight for free from the Apple App Store;
  3. You must agree to these Terms of Service, the related Privacy Policy that can be found (https://vgmgo.com/privacy), and sign the Confidentiality and Non-Disclosure Agreement provided here;
  4. You must provide accurate demographic information, information regarding video game habits & preferences, and responses to any other questions we ask during Registration. Your responses will be used to better optimize the matching of Playtesters to the criteria that may apply for a specific Playtesting Services project;

4. Playtesting Services

At its sole discretion, VGM will send invite emails to suitable Users inviting the User to participate in a video game playtest, live or remote focus group, and/or respond to a survey or questionnaire. The invitation email shall not (a) be construed by the User to be a binding offer to test the respective game, or (b) be construed to constitute an offer for employment. The invitation email will describe the specific requirements for the respective Playtesting Services project (for example, the amount of time required for the playtest, the type of feedback or questionnaires the User must complete after the playtesting is completed, and/or whether the project can be completely remotely or if there is an in-person presence requirement). The invitation email will also detail the Incentive payment (see #5 below), if any, that the User will receive for participating in and fully completing the Playtesting Services project.

5. Incentive

If You participate in a Playtesting Services project, you may be entitled to receive an Incentive payment in exchange for your full and complete participation as defined in the invitation email. The Incentive, if any, will vary from project to project and will be explained in the invitation email. The Incentive will be provided through Tremendous (see https://www.tremendous.com/) and can be redeemed in the form of an electronic funds transfer, gift card, prepaid credit card, and any other method provided via Tremendous. VGM will not be responsible for any service charges that may apply to a particular Incentive redemption method and any such fees shall be the responsibility of the User. Please refer to the VGMGO invitation email for the actual value of Incentive for completing a given Playtesting Services project.

6. Conditions to Receive Incentive

During a playtest or directly afterward, you will be required to answer a number of questions related to the video game being tested. You must complete the full Survey with a VGMGO representative in order to receive the Incentive. Furthermore, if you participate in a recorded interview, you agree to the “Permission to be Recorded and Use of Recording” section below. Incomplete Survey Responses or those that do not adhere to these Terms will not be entitled to the Incentive at VGMGO’s sole discretion. If a User completes a Playtesting Services project or multiple Playtesting Services projects in a respective calendar year with Incentive payments in excess of six hundred dollars ($600) in aggregate, the User will be required to complete an IRS Form W-9 and provide the completed W-9 to VGM.

7. Confidential Obligations

“Confidential Information” means the Survey developed by VGM and the content therein including any nonpublic, confidential, proprietary information about VGM’s brand, design, samples, patterns, documents, data, business operations, pricing, content, features, functions, or current or potential offerings, and the fact that the VGM has requested that a Survey be completed. You agree not to disclose Confidential Information to anyone for any purpose other than for completing the Survey you have accepted and to assign the Survey results to VGM. You agree and acknowledge that your breach or threatened breach of this provision may result in irreparable harm to VGM for which money damages would be an insufficient remedy, and therefore that VGM will be entitled to seek injunctive relief to enforce the provisions of this section. You will additionally agree to all of the terms and conditions in the VGMGO Confidentiality and Non-Disclosure Agreement that may be found here.

8. Permission to be Recorded and Use of Recording

By participating in the Playtesting Services, you hereby assign to VGM all right, title, ownership, and interest in all of your Survey responses (“Survey Responses”). You further authorize VGM, and those acting pursuant to its authority to: (i) record your image, likeness and/or voice on a video, audio, photographic, digital, electronic, or any other medium (together “Recordings”); (ii) use your name, video and audio recordings of you, and biographical material in connection with such Recordings; (iii) take, edit, alter, copy, enhance, crop, exhibit, publish distribute, and make use of any and all Survey Responses and Recordings taken of you to be used in providing useful feedback and data to our gaming developer partners and (iv) record the screen on your device for the duration of time in which a playtest is being conducted. This authorization also covers any and all Survey Responses and Recordings provided by you to VGM. You hereby release and hold harmless VGM from any reasonable expectation of privacy or confidentiality associated with the Playtesting Services and Recordings. This authorization extends to all languages, media, formats, and markets now known or later discovered. The authorization to Recordings shall continue indefinitely unless you otherwise revoke this authorization in writing. You waive the right to inspect or approve any finished product in which your likeness appears, including written or electronic copy. You release and waive any claims or rights of compensation or ownership regarding such uses, including any right to royalties or other compensation arising or related to the use of the Recordings. You release VGM, its contractors, employees, and any third parties involved in the creation or publication of marketing materials from liability for any claims by you or any third party in connection with your participation including without limitation any claims related to blurring distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur do to processing, publication or dissemination of the image, likeness or voice. You understand and agree that all such Survey Responses and Recordings shall remain the property of VGM.

9. Privacy Policy

You acknowledge that any information that can be used to uniquely identify, contact, or locate You or a particular person or can be used with other sources to uniquely identify You or a particular person (“Personally Identifiable Information”) collected by VGM shall be subject to VGM’s privacy policy located at https://vgmgo.com/privacy. You acknowledge and agree that VGM shall be authorized to use any Personally Identifiable Information collected as part of the Playtesting Services for any marketing or promotional purposes.

10. Conditions and Code of Conduct for Participation

By participating in Playtesting Services organized through the VGMGO application, You represent and warrant (i) to comply with all applicable federal, state, and local laws and regulations; (ii) that any answers You provide or submit do not infringe the intellectual property rights any of any other party, (iii) your participation will not violate any privacy or publicity or other proprietary rights of any person or entity; (iv) that your answers will not contain any obscene, offensive, libelous, disparaging, infringing, or other inappropriate content or subject matter; and (v) that you will keep your participation in the Survey and the Survey questions and all other aspects of the Survey confidential.

11. Additional Terms

No transfer, assignment or substitution of the Incentive shall be made for cash or any other incentive, except by VGM, who reserves the right to substitute the Incentive with another incentive of comparable or greater value if the intended Incentive is not available for any reason as determined by VGM in its sole discretion. VGM is not responsible and will not replace it if any Incentive is lost, stolen, destroyed, or used without permission. All Incentive recipients are responsible for all federal, state and local taxes arising from receipt, acceptance or use of the Incentive, VGM will not be responsible for any tax deductions which may be necessary and VGM reserves the right to withhold taxes as required by law. All Incentives must be accepted “as is,” and no warranties will be provided by the VGM. Receipt of the Incentive is upon the condition of compliance with any and all federal, state, and local laws and regulations.

12. General Conditions and Release

You must not disclose any confidential information, trade secrets, patentable subject matter, any account information or other intellectual property data at any stage of the Playtesting Services and at any time thereafter. By participating in Playtesting Services, You (a) release, discharge and hold harmless VGM, and its respective directors, officers, agents and employees (collectively the “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind arising out of the your participation in the Playtesting Services or related activities, and the acceptance of any Incentive awarded hereunder, including any violation of these Terms and the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of Incentives; and (b) acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any product liability, warranty, representation or guarantee, expressed or implied, in fact or in law, related to the Incentives including, but not limited to, its performance, or availability. Any materials provided to participants by VGM is solely to facilitate participation in the Survey on an AS IS basis without warranties of any kind.

Any attempt to deliberately tamper with the VGMGO application or otherwise undermine the legitimate operation of the playtesting services or to defraud VGM in any way may be a violation of criminal and civil laws and should such an attempt be made; VGM reserves the right to cooperate in the prosecution of any such individual(s) and to pursue all remedies to the fullest extent permitted by law.

VGM’s failure to enforce any term of these Terms shall not constitute a waiver of such term or provision. If for any reason the Playtesting Services project is not capable of being executed as planned, due to tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of VGM, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Playtesting Services, VGM reserves the right at its sole discretion to void content submitted on your behalf and to cancel, terminate, modify or suspend the Survey (or any portion thereof) for any reason. In the event of any cancellation, termination or suspension, You will be notified thereof and the distribution of Incentives will be made in a manner determined by VGM, in its sole discretion, to be fair, appropriate and consistent with these Terms.

13. Disputes

You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Playtesting Services or the award of Incentives shall be resolved individually, without resort to any form of class action, and exclusively by arbitration in accordance with the AAA Arbitration Rules. The arbitral tribunal shall consist of a sole arbitrator three arbitrators. The place of arbitration shall be Broward County, Florida. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of the State of Florida; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Playtesting Service but in no event attorneys’ fees; and (c) under no circumstances will You be permitted to obtain awards for, and You hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, your rights and obligations, or the rights and obligations of VGM in connection with the Survey, shall be governed by, and construed in accordance with, the laws of State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Florida.

14. Agreement to Terms

By participating in the Playtesting Services, You agree to abide by and be subject to these Terms and VGM’s decisions, which are fully and unconditionally binding in all respects. VGM reserves the right to refuse, withdraw, or disqualify any participant at any time at VGM’s sole discretion. By participating in Playtesting Services, You represent and warrant that You are eligible to participate based on eligibility requirements explained in these Terms. You also agree to accept the decisions of VGM as final and binding as it relates to participation in Playtesting Services and the Incentive.