Terms and Conditions - Port Master

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement between you and Port Master regarding your access to and use of our website and services. By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

If you do not agree with any part of these terms, you must immediately cease using our website and services. Your continued use of our services constitutes your acceptance of these Terms and Conditions and any amendments thereto.

Important: These Terms and Conditions supplement and do not replace any separate service agreements you may enter into with Port Master for specific porting projects. Project-specific terms will be outlined in individual contracts.

2. User Obligations and Conduct

2.1 Legal Compliance

You agree to comply with all applicable laws, regulations, and ordinances in connection with your use of our services. This includes, but is not limited to:

• Intellectual property laws and copyright regulations
• Data protection and privacy legislation
• Export control and trade sanction laws
• Consumer protection regulations
• Laws governing electronic communications

2.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

Technical Interference

• Hacking or unauthorized access
• Introducing malware or viruses
• Overwhelming server resources
• Reverse engineering our services

Content Violations

• Posting illegal content
• Copyright infringement
• Spam or unsolicited messages
• False or misleading information

Harmful Behavior

• Harassment or threats
• Impersonation
• Privacy violations
• Discriminatory conduct

Commercial Abuse

• Unauthorized commercial use
• Competitive analysis scraping
• Reselling our services
• Circumventing payment systems

2.3 Content Guidelines

Any content you submit through our contact forms or communications must be accurate, truthful, and not infringe upon the rights of others. You are solely responsible for the content you provide and any consequences arising from such content.

2.4 Age Restrictions

Our services are intended for individuals who are at least 18 years of age. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms and Conditions. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.

3. User Responsibilities

3.1 Information Accuracy

You are responsible for ensuring that all information you provide to Port Master is accurate, complete, and up-to-date. This includes contact information, project details, and any technical specifications related to games you wish to have ported. Inaccurate information may result in delays, additional costs, or inability to complete projects.

3.2 Indemnification

You agree to indemnify, defend, and hold harmless Port Master, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or in any way connected with your access to or use of our services, your violation of these Terms and Conditions, or your infringement of any intellectual property or other rights of any third party.

3.3 Rights Verification

When inquiring about porting services for a game, you represent and warrant that you have the necessary rights, licenses, and permissions to authorize the porting work. You are responsible for ensuring compliance with all applicable intellectual property rights, licensing agreements, and third-party permissions.

3.4 Confidentiality

If you share confidential or proprietary information with us during consultations or project discussions, you acknowledge that such sharing is at your own risk. Specific confidentiality protections will be outlined in separate non-disclosure agreements or project contracts, not in these general Terms and Conditions.

4. Disclaimers and Limitations of Liability

4.1 Disclaimer of Warranties

Important Legal Notice: Our website and general information services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties of uninterrupted or error-free service
• Warranties regarding security of data transmission

Note: Specific warranty terms for porting services will be outlined in individual project agreements and are separate from these general website terms.

4.2 Limitation of Liability

To the fullest extent permitted by applicable law, Port Master shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Cost of substitute services or technology
• Damage to reputation or goodwill

These limitations apply regardless of the legal theory upon which any claim is based and even if Port Master has been advised of the possibility of such damages.

4.3 Maximum Liability Cap

In no event shall Port Master's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by you, if any, for accessing our website during the six months prior to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

4.4 Force Majeure

Port Master shall not be liable for any failure or delay in performance under these Terms and Conditions due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet service failures, power outages, or equipment failures.

5. Legal Information and Dispute Resolution

5.1 Governing Law

These Terms and Conditions and any disputes arising out of or related to these terms or our services shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without giving effect to any principles of conflicts of law.

5.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms and Conditions or your use of our services shall be brought exclusively in the state or federal courts located in Atlanta, Georgia. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

5.3 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through negotiation within thirty days, either party may pursue resolution through the courts as specified in section 5.2.

5.4 Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

5.5 Waiver

No waiver by Port Master of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Port Master to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

5.6 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published by Port Master on our website, constitute the entire agreement between you and Port Master regarding your use of our website and general services. These terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Port Master.

6. Modifications to Terms

Port Master reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. When we make changes, we will update the "Last Updated" date at the top of this page. Material changes will be communicated through prominent notice on our website or via email if you have provided us with your contact information.

Your continued use of our website and services following the posting of changes constitutes your acceptance of such changes. If you do not agree to the modified terms, you must stop using our services. We encourage you to review these Terms and Conditions periodically to stay informed of any updates.

Project-Specific Terms: These general Terms and Conditions may be supplemented by additional terms specific to individual porting projects. In case of conflict between these general terms and project-specific agreements, the project-specific terms shall prevail for matters related to that particular project.

7. Assignment and Transfer

Port Master may assign or transfer these Terms and Conditions, in whole or in part, to any third party without restriction and without notice to you. You may not assign or transfer any rights or obligations under these Terms and Conditions without the prior written consent of Port Master. Any attempted assignment or transfer in violation of this section shall be null and void.

8. Electronic Communications

By using our services, you consent to receiving electronic communications from Port Master. These communications may include notices about your account, project updates, and informational communications related to our services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. Contact Information

If you have questions, concerns, or require clarification regarding these Terms and Conditions, please contact us:

Port Master

4512 Platform Street, Developer District

Atlanta, GA 30301

Phone: +1 (404) 738-5921

Email: info@port-ma-ster.com

Or use our contact form to reach us directly.

Acknowledgment

By using Port Master's website and services, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. If you do not agree to these Terms and Conditions, you are not authorized to use our website or services.