Terms of Service
Last Updated: February 23, 2022
If you require any more information or have any questions about our Terms of Service, please feel free to contact me.
I (Kamran aka "kamranicus") am the founder and sole developer of Keep Track of My Games. My mission with KTOMG is to build a community of gamers passionate about their games. I hope you love KTOMG and the services it provides — from notifying you of upcoming games to helping making it easier to manage all your games — as much as I love creating it.
These Terms of Service (“Terms”) describe my commitments to you, and your rights and responsibilities when using KTOMG's services. Please read them carefully and reach out to me if you have any questions. If you don’t agree to these Terms, don’t use KTOMG.
These Terms are adapted from Automattic and is available under a Creative Commons Sharealike license, which means that you’re more than welcome to copy them, adapt them, and repurpose them for your own use. Be sure to credit Automattic if you use this for your own terms of service. Throughout these Terms you will see usage of the royal "we" but it's just me.
Terms of Service
These Terms govern your access to and use of the products and services we provide through or for KeepTrackOfMyGames.com (collectively, “Services”).
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
Your Agreement is with Kamranicus LLC, a registered US-based business.
We refer to Kamranicus LLC, KTOMG, KeepTrackOfMyGames.com, and Keep Track of My Games collectively as “KTOMG” or “we” throughout these Terms.
2. Your Account
When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like membership checkpoints, or changes to our legal policies), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.
We may limit your access to our Services until we’re able to verify your account information, like your email address. When you create a KeepTrackOfMyGames.com account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., site updates). Don’t worry — if you aren’t interested, you can opt out of the communications, whether it’s an email, or text message. You will still be sent account-related notices.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a review you wrote and share publicly, that’s on you.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that’s for sale (like games) through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
5. Fees, and Payment
Fees for Paid Services. Some of our Services may have features that require a fee, like Powerups (collectively, “Paid Services”).
Our Paid Services implement the FairPay payment architecture. They are considered "risk-free" because they are optional, without any automatic charges, and grant you full control over the price you pay. Collecting your payments for Paid Services is done on an ongoing periodic-basis and grants additional features & benefits for your account ("Patronage").
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment. This would be denoted explicitly with a Taxes line item in your invoice or payment statement.
Usage. Paid Services report feature usage data for a period of time ("Usage Period"). You agree by using our Services that your actions may be reported as usage during a Usage Period, as well as actions performed on your behalf by Paid Services like background importing ("Usage").
Checkpoints. When a Usage Period ends, you may be asked to complete a survey and provide payment ("Membership Checkpoint"). You agree that to maintain any Patronage benefits, you will complete any required Membership Checkpoints in a timely manner by the due date in the notification you receive.
You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services expire.
You can view your current membership status, past Patronage Payments history and next expected Membership Checkpoints in your Membership dashboard. For more information about how Membership works for KTOMG, please see our FAQs.
Pricing. Paid Services use individualized usage-based pricing ("Fair Use Price").The Fair Use Price is a threshold for determining an expected payment based on multiple factors ("Price Factors"). These Price Factors are calculated for a Usage Period and may include past Patronage, past Membership Checkpoints, and Usage. The Fair Use Price may fluctuate depending on length of Patronage and Usage incurred. You agree that by using Paid Services, we may use these Price Factors to inform future Fair Use Price calculations (which would most likely be in your favor!).
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. Excepting for the Welcome Period, KTOMG reserves the right to revoke access to Paid Services for sustained Patronage Payments below the Fair Use Price while giving ample notice to you before doing so.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you may choose to discontinue future payments for your Paid Service.
Refunds. Paid Services are considered risk-free. We do not have a formal refund policy since you can choose not to pay during your Membership Checkpoint or can allow them to expire. However, we can provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
a. General Feedback
We love hearing from you and are always looking to improve our Services. Excepting Membership Checkpoints, when you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
b. Membership Checkpoint Feedback
Membership Checkpoints may collect feedback regarding your Fair Use Price, satisfaction, and miscellaneous free-form comments using survey-like questions.
Pricing Feedback. You agree that your feedback may be used to inform any of your future Fair Use Price calculations as a Pricing Factor.
Satisfaction Rating. You agree your satisfaction rating will be subject to the terms of Section 6(a) General Feedback. An example of permissible use would be for aggregating ratings and metrics across Membership Checkpoints so we can understand trends in satisfaction scores.
Satisfaction Feedback. You agree we're free to use your satisfaction feedback for anonymized testimonials that do not tie back to your account or that do not contain personally identifiable information and its use is subject to the terms of Section 6(a) General Feedback. An example of permissible use would be posting on our website that you shared with us, "I love that I can automatically tag my games in lists. — 4 out of 5, a satisfied KTOMG User"
Explicit Permission. We will ask for permission before crediting any testimonial feedback to your user account publicly. You agree that if you grant us explicit permission to share your feedback outside the Membership Checkpoint, its use is subject to the terms of Section 6(a) General Feedback.
7. General Representation and Warranty
Our Services are designed to give you control and ownership over your data. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of KTOMG or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not not conduct any systematic or automated data collection activities on or in relation to this website without our express written consent. This includes scraping, data mining, data extraction, data harvesting, 'framing' (iframes), and Article 'spinning';
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
8. Specific Service Terms
a. KeepTrackOfMyGames.com Accounts
KeepTrackOfMyGames.com enables you to manage and share your game collection, and we would love for you to use it.
KeepTrackOfMyGames.com’s basic service is free, and we offer paid services that add advanced features like importing games from external services. We don't own your Content, and you retain all ownership rights you have in the content you share in your profile and lists. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears in your Content.
Examples of user Content include:
- reviews of a game,
- public notes or posts related to a game,
- public list descriptions,
- your public profile page
If you find a KeepTrackOfMyGames.com account that you believe violates these Terms, please let us know.
Your KeepTrackOfMyGames.com Account URL. If you create an account on KeepTrackOfMyGames.com, you get a username-based account URL, like keeptrackofmygames.com/users/kamranicus. You must not engage in “username squatting,” or sell access to any usernames.
License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services.
Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private account, from view by the authorized visitors) on KeepTrackOfMyGames.com, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
Powerups enhance the base experience of KTOMG to make it easier or faster to manage the games in your collection, like importing games from Steam or GOG.
Powerups offer limited usage for free but may grant additional Patronage benefits after your Welcome Period when you make Patronage Payments.
Patronage. When you make Patronage Payments for Powerups, you’ll receive access to private Discord channels along with full, unlimited access to those Powerups until the end of your next Membership Checkpoint, starting on the date of your payment. Once the Usage Period is done, you’ll need to renew your Patronage during a Membership Checkpoint if you’d like continued access to Patronage Benefits. Please see our Membership FAQ for more information.
Non-Patron Limitations. After your Welcome Period, if you do not make any Patronage Payments, your Powerups will have usage limitations enforced until the end of your next Membership Checkpoint, starting on the date your pending Membership Checkpoint is completed or expired ("Non-Patron Limitations"). Once the Usage Period is done, you may renew your Patronage Benefits during a Membership Checkpoint if you’d like continued access to Patronage Benefits. Please see our Membership FAQ for more information.
9. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others.
Before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under fair use. If you are not sure whether material located on this site infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity infringes your copyright. In addition, you are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.
Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties such as LumenDatabase.org
If you believe any Content violates your copyright, please send us a notice.
You must include the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyrighted work claimed to have been infringed;
- A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit KTOMG to find and positively identify that material. For example we require a link to the specific page that contains the material and a description of which specific portion of the page - an image, a link, the text, etc. your complaint refers to;
- Your name, address, telephone number and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Intellectual Property
The Agreement doesn’t transfer any KTOMG or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between KTOMG and you) solely with KTOMG. KTOMG, Keep Track of My Games, KeepTrackOfMyGames.com, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of KTOMG (or KTOMG’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any KTOMG or third-party trademarks.
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of KTOMG, or if KTOMG posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one the blog or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any KTOMG policy, or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can choose not to pay at any time, subject to the Fees, and Payment section of these Terms.
Our Services are provided “as is.” KTOMG and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KTOMG, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
14. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California.
15. Limitation of Liability
In no event will KTOMG, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. KTOMG shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless KTOMG, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between KTOMG and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
KTOMG may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
- February 18, 2022: Expanded terms to cover Powerups ("Paid Services") and membership fees.
- 2014-11-23 (previous version)