Restricted Content Notice

Section 1 — Purpose and scope

1.1 This Notice governs the restricted content setting of the Service, the classification upon which that setting operates, and the presentation of Listings affected by it.

1.2 The setting is disabled upon installation. It is enabled only upon the User's acceptance of the representations set out in Section 6. Acceptance is recorded upon the device and upon no other.

Section 2 — Definitions

2.1 "Service" means the GalVoyage service in all its distributions, including its mobile and web clients and its electronic digest.

2.2 "Operator" means the operator of the Service. "User" means the natural person using the Service.

2.3 "Listing" means an entry within the Service concerning a published or announced work, comprising such of the title, release date, platform, publisher, cover image, description, classification, and outbound links as are available.

2.4 "Restricted Listing" means a Listing classified as restricted under Section 4.

2.5 "Excluded Material" means material which is not presented anywhere within the Service in any mode, as described in Section 4.3.

2.6 "Third-Party Source" means any database, publisher announcement, image server, or other service operated by a person other than the Operator from which Listing information is obtained or by which it is hosted.

Section 3 — Nature and limits of the Service

3.1 The Service is an information service concerning visual novels. It presents release schedules, reference information concerning published works, and news and periodical digests reproduced under licence with attribution, compiled from licensed and publicly available sources.

3.2 The Service does not distribute game files, does not sell, resell, license, or sublicense any work, does not process payment for any work, and is not affiliated with, sponsored by, endorsed by, or approved by any publisher or rights holder save where expressly stated. Outbound links to stores, official sites, and databases open in the system browser of the device, outside the Service.

3.3 The Service is not an adult product. Information concerning a work is not the work. The Service carries a mature age rating upon the application stores because certain Listings describe works intended for adults, and not because the Service contains such works.

3.4 The Operator does not author Listing information, does not verify it exhaustively, and does not adopt it as its own statement.

Section 4 — Classification

4.1 A Listing is classified as a Restricted Listing where (a) a Third-Party Source supplying it marks the work as intended for adults, (b) the Operator's own review so marks it, or (c) the source data is silent as to that question. Limb (c) is deliberate: where the position is unknown, the Listing is treated as restricted rather than as unrestricted.

4.2 The classification is made by the Operator for the purpose of operating an information service for a general audience across multiple jurisdictions. It is not a legal rating, does not substitute for the age rating applied by any publisher, store, or rating body in any jurisdiction, and may differ from any of them. No representation is made that the classification corresponds to any statutory category anywhere.

4.3 Classification as restricted is to be distinguished from exclusion. Listings whose titles contain explicit sexual language, and Listings excluded upon individual review, constitute Excluded Material and are not presented anywhere within the Service in any mode, irrespective of the state of the setting. The setting cannot cause such Listings to be presented. The descriptions of Listings are governed by Section 5 and are presented as supplied by their source, subject to Sections 4.4 and 5.1; the exclusion described in this Section upon the ground of explicit sexual language is applied to the title of a Listing and to the cover images and descriptions excluded under Section 4.4, and is not by itself a representation that the source text of every description will in every mode be free of explicit language.

4.4 Without limiting Section 4.3, a Listing is excluded, and its cover image and description are withheld in every mode, where the Operator determines that the image or description depicts or is reasonably capable of depicting a person under the age of eighteen years engaged in explicit sexual activity, or has as its dominant characteristic the depiction, for a sexual purpose, of the sexual organ or anal region of a person under the age of eighteen years, whether the person depicted is real, fictional, drawn, rendered, or otherwise generated. This standard is applied irrespective of the age or classification assigned to the work in its territory of origin, of the state of the setting, and of any marking or its absence at any Third-Party Source. Where the Operator is uncertain whether this standard is met, the Listing is excluded.

4.5 The standard in Section 4.4 is applied by the Operator upon the information available to it, which is incomplete. Its application is not a determination of legality, and no representation is made that every item meeting that standard has been identified. Any person aware of material which may meet it is requested to give notice under Section 11.

Section 5 — Operation of the setting

5.1 While the setting is disabled, the cover image and description of a Restricted Listing are withheld, and its outbound links and follow actions are disabled. Its title, release date, platform, and publisher may continue to be presented so that the release schedule remains complete and accurate.

5.2 Search results apply a stricter rule: while the setting is disabled, Restricted Listings are omitted from search results in their entirety and the number so omitted is disclosed as a count. The electronic digest is arranged under the presentation rules of this Notice; the restricted status of a Listing is applied to it in the digest in the same manner as within the Service. The digest does not reproduce the presentation of the Service in every respect: in the digest a Listing is presented by its title and date alone, without the cover image or the description, and without links to the Listing. A separate release-day notice concerning a Listing you follow may state the title of the work, the date, and the publisher, and may include a link to the publisher's own site for that work; that link is not governed by the state of the setting on your device, which the digest cannot read.

5.3 While the setting is enabled, the withheld cover image, description, follow action, and outbound links of Restricted Listings are presented in full. No other aspect of the Service is altered.

5.4 The setting is stored upon the device alone. It is not transmitted to the Operator's servers for storage, is not associated with any account, and is not synchronised to any other device. Deleting the Service from the device restores the setting to its disabled state. The reset function within the Service does not alter the state of the setting; where the setting is enabled and you wish to disable it, do so in the settings of the Service itself. A User employing the Service upon several devices accepts the representations in Section 6 upon each of them.

5.5 The setting is a self-declaration and not an age verification. No identity document, payment instrument, biometric estimate, or other evidence of age is examined, whether upon the device or upon any server. The Operator's servers withhold restricted material by default and release it only in response to a request bearing the declaration made upon the device; those servers do not, and by their design cannot, verify the identity or age of the person who made that declaration. The User acknowledges that the mechanism is capable of being defeated by any person willing to make a false declaration, and that the Operator does not undertake to detect or prevent such a declaration.

Section 6 — Representations and undertakings of the User

By enabling the setting, the User represents, warrants, and undertakes that:

(a) the User has attained the age at which the law of the country or region in which the User is located permits access to information concerning works intended for adults, and, where a higher age applies to any category of such works, that the User has attained that age;

(b) access to such information is lawful in the place where the User is located, the User has satisfied itself of that fact, and the User will not enable the setting where local law restricts or prohibits such access;

(c) the User enables the setting upon the User's own behalf and voluntarily, and not on behalf of or for the benefit of a minor;

(d) the User will not permit a minor to use the device while the setting is enabled, and will disable the setting before permitting a minor to use the device;

(e) the User understands that Restricted Listings may describe adult themes, sexual content, or material which some persons find objectionable, and that such descriptions and images may be presented upon enabling the setting;

(f) the User accepts sole responsibility for the declaration, for the setting, and for every consequence of enabling it, including any consequence arising under the law applicable to the User; and

(g) each of the foregoing is and remains true for so long as the setting remains enabled upon the device.

Section 7 — Material presented irrespective of the setting

7.1 Titles, publisher names, and release dates are not affected by the setting. Suggestive titles and the names of publishers of adult works may therefore be presented while the setting is disabled. Titles are not rewritten.

7.2 News and digest material reproduced under licence is presented as published by its source. Such material may refer to works intended for adults.

7.3 Outbound links, where enabled, lead to destinations controlled by third parties whose content is not governed by the setting, is not controlled by the Operator, and may differ materially from what the Listing describes.

7.4 Classification is applied to Listings and not to every element of every screen. No representation is made that the setting withholds every item that the User, or any authority, would consider intended for adults.

Section 8 — Sources and their limitations

8.1 Listing information, including the restricted classification, is obtained from Third-Party Sources, principally community databases (including ymgal.games) and publishers' own announcements. It is compiled by automated means and reviewed in part. The Operator's servers retrieve Listings, classification markings, cover images, and profile information concerning characters, persons, and organizations from those sources and relay images to the User's device; the User's device does not connect to those sources directly save where the User opens an outbound link. Feeds that the User adds to the Service personally are retrieved by that User's device directly from the source the User specifies, are governed by that source's own terms, and are not reviewed by the Operator. Reproduced news and digest material is hosted by the Operator under licence and presented with attribution.

8.2 Release dates, platforms, ratings, descriptions, and cover images may be incomplete, outdated, mistranslated, misattributed, or incorrect. The publisher's own announcement is authoritative; where the Service and the publisher differ, the publisher governs.

8.3 All rights in titles, cover images, descriptions, and associated indicia vest in their respective rights holders. The Operator asserts no right in them and does not represent that any authorisation has been obtained from any rights holder beyond that under which reproduced material is presented.

8.4 The availability, accuracy, and terms of supply of any Third-Party Source may change or be withdrawn at any time and without notice to the Operator. The Operator may suspend, limit, replace, or discontinue its reliance upon any Third-Party Source, or upon any feature that depends upon one, at any time, and is under no obligation to provide any substitute.

Section 9 — Device and household

9.1 The User is responsible for the physical security of the device, for any screen lock or parental control applied to it, and for what other persons are able to observe upon it. The Service provides no separate lock for Restricted Listings; the controls of the device are to be employed.

9.2 Where a device or an account is shared, the setting applies to every person using that device, and the User is responsible for disabling it as appropriate.

Section 10 — Minors

The Service is not directed to children. A parent or guardian who believes that a minor has enabled the setting is to disable it upon the device and to employ the parental controls of the device. The Operator does not knowingly collect personal information from children; reference is made to the Privacy Policy.

Section 11 — Notices concerning Listings; removal and correction

11.1 A rights holder, a person authorised to act for a rights holder, or any User who considers that a Listing is presented inaccurately, is misclassified, ought not to be presented, or is unlawful in the place where that person is located, may give notice to the address in Section 21. The notice is to identify the Listing complained of, state the basis of the complaint, state the action requested, and include contact particulars sufficient for a reply.

11.2 The procedure in this Section is established voluntarily by the Operator. It is not, and does not purport to be, the statutory notice regime applicable to internet service providers, hosts, or information location tools under the Copyright Act, to which the Operator is not subject, and compliance with any format prescribed by that regime is not required of any person giving notice. Upon receipt of a notice the Operator will consider it in good faith and act within a reasonable time. The Operator may withhold the Listing while the notice is under consideration. Action taken upon a notice does not constitute an admission of any kind.

11.3 Counter-notice. Where, upon a notice under this Section, a Listing is withheld, corrected, or removed, and the Operator is able to identify a User to whom that Listing was or would have been presented, the Operator may so inform that User and inform the notifying party that this has been done. That User may, within a reasonable period and in writing at the same address, submit a counter-notice stating the grounds upon which the User contends that the Listing ought not to have been withheld, corrected, or removed, and consenting to the disclosure of the User's contact details to the notifying party for the purpose of resolving the dispute between them. Upon a counter-notice the Operator may, in its discretion and without any obligation to act, restore, continue to withhold, correct, or remove the Listing, and may instead leave the parties to resolve the matter between themselves. Neither the receipt of a notice nor of a counter-notice, nor any action or inaction taken upon either, constitutes any determination of the rights of any person, any admission of liability, or any waiver by the Operator.

11.4 The Operator may withhold, correct, or remove any Listing at any time, including upon notice from a rights holder or public authority or upon its own review, without prior notice to the User.

Section 12 — Availability, modification and discontinuance

The Operator may modify, suspend, limit, or discontinue the setting, the classification, or any part of the Service, in whole or in part, at any time, with or without notice.

Section 13 — No warranty

13.1 Listing information, the classification, the setting, and the filters are furnished "as is" and "as available".

13.2 To the fullest extent permitted by applicable law, the Operator disclaims all warranties, conditions, representations, and terms of every kind, whether express, implied, statutory, collateral, or arising from any course of dealing or usage of trade, including without limitation any warranty of merchantability, merchantable quality, fitness for a particular purpose, durability, title, quiet enjoyment, and non-infringement, and any warranty that any Listing is correctly classified; that the filters will withhold every Listing that the User or any authority would consider intended for adults; that Excluded Material will in every instance be excluded; that any information is accurate, complete, current, or correctly attributed; that the Service will be available, uninterrupted, timely, secure, or error-free; or that use of the Service is lawful in any particular place.

13.3 Section 13.2 does not exclude any warranty, condition, or legal quality that applicable consumer protection legislation declares cannot be excluded, and does not relieve the Operator of liability for its own act or omission or that of its representative where the legislation applicable to the User prohibits such relief. Where the User is a consumer in Quebec, the legal warranties conferred by the Consumer Protection Act (chapter P-40.1) apply notwithstanding Section 13.2. Where the law of the province or territory in which the User resides implies a warranty as to the quality of services that cannot be excluded by contract, that warranty applies notwithstanding Section 13.2.

Section 14 — Limitation of liability

Statement for consumers in Quebec, given immediately before the stipulations that follow: the stipulations of Sections 14.1, 14.2, 14.3, and 14.4 below, and the stipulation of Section 19 below as to the law governing this Notice and as to the forum for its enforcement, are prohibited by the Consumer Protection Act (chapter P-40.1) and do not apply to a consumer in Quebec.

14.1 To the fullest extent permitted by applicable law, the Operator shall not be liable for any indirect, incidental, special, consequential, exemplary, aggravated, or punitive damages, nor for any loss of profit, revenue, goodwill, opportunity, anticipated saving, or data, howsoever arising, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and whether or not the Operator was advised of the possibility of such loss.

14.2 To the fullest extent permitted by applicable law, the Operator shall not be liable for any loss, claim, proceeding, or consequence arising out of or in connection with: the User's decision to enable the setting; any Listing presented in consequence; any misclassification of any Listing; any material encountered upon any destination reached by an outbound link; the presentation of any item notwithstanding the setting; any act or omission of any Third-Party Source (including any error, delay, or omission in the material it supplies, the cessation or interruption of its operation, any restriction or rate limit it applies, any change to or withdrawal of the terms or licence upon which it supplies material, and any refusal, withdrawal, or restriction of access directed at the Operator); any interruption, delay, suspension, or discontinuance of the Service or of any Third-Party Source; any loss, corruption, or desynchronization of data or cached content stored on or in connection with the Service; or any breach by the User of Section 6.

14.3 To the fullest extent permitted by applicable law, the aggregate liability of the Operator in respect of all claims arising out of or in connection with this Notice shall not exceed the greater of the amount paid by the User to the Operator in the twelve months preceding the event giving rise to the claim and fifty Canadian dollars (CAD $50).

14.4 The limitations in this Section apply to the fullest extent permitted by applicable law even where a remedy is found to fail of its essential purpose, and survive termination of the User's use of the Service. Subject to any limitation period that applicable mandatory law prescribes and that cannot be shortened by agreement, no claim arising out of or in connection with this Notice shall be brought against the Operator unless it is brought within the shorter of (a) the period permitted by applicable mandatory law and (b) one year from the date upon which the person bringing it first knew, or reasonably ought to have known, of the event giving rise to it.

Section 15 — Indemnity

To the fullest extent permitted by applicable law, the User shall indemnify and hold harmless the Operator and its directors, officers, employees, contractors, and agents from and against all claims, demands, proceedings, losses, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising out of or in connection with any breach by the User of Section 6, any enabling of the setting upon a device used by a minor, or any use of the Service by the User in contravention of applicable law. The Operator reserves the right to assume the exclusive conduct of the defence and settlement of any matter subject to this indemnity, and to conduct that defence and settlement with counsel of its own choosing. The User shall not settle, compromise, or admit any liability in respect of any matter subject to this indemnity without the Operator's prior written consent, shall promptly notify the Operator of any such matter of which the User becomes aware, and shall cooperate with the Operator in the defence of it, including by making available such records and assistance as are reasonably requested.

Section 16 — Non-waivable rights

16.1 Nothing in this Notice excludes or limits any liability that cannot be excluded or limited by applicable law, or affects any right conferred upon a consumer which that consumer cannot waive.

16.2 Where the law of the province or territory in which the User resides confers consumer protection rights that cannot be waived by contract, those rights apply notwithstanding anything in this Notice. Where the User is a consumer in Quebec, the Consumer Protection Act (chapter P-40.1) applies, any stipulation in this Notice or in the Terms of Use that is prohibited by that Act does not apply to such User, and, in accordance with that Act, the choice of law and forum stipulated in the Terms of Use does not apply to consumers in Quebec. Where the law applicable to the User confers rights that cannot be waived by contract, those rights prevail over any inconsistent provision of this Notice to the extent of the inconsistency.

Section 17 — General

17.1 Severability. Where any provision of this Notice is held invalid, unlawful, or unenforceable, that provision is to be severed to the minimum extent necessary and construed so as to give effect to the intention of the parties to the greatest extent permitted, and the remaining provisions continue in full force.

17.2 No waiver. No failure or delay in exercising any right constitutes a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if given in writing and only in respect of the instance for which it is given.

17.3 Survival. Sections 3, 4, 6, 8, 9, 11, 13, 14, 15, 16, 17, 18, and 19 survive any disabling of the setting or cessation of use of the Service.

17.4 Assignment. The User may not assign or transfer any right or obligation under this Notice. The Operator may assign this Notice in whole or in part in connection with a reorganisation, merger, or transfer of the business or assets to which it relates.

17.5 Third-party beneficiaries. Save as expressly provided, this Notice confers no right upon any person who is not a party to it. Apple Inc. and its subsidiaries are third-party beneficiaries of this Notice in respect of the Service as obtained from the App Store and are entitled to enforce it against the User.

17.6 Entire agreement; headings. This Notice, together with the Terms of Use and the Privacy Policy, constitutes the entire agreement of the parties in respect of its subject matter and supersedes any prior statement concerning it. Headings are for reference only and do not affect construction.

17.7 Language. A French version of this Notice is made available within the Service before acceptance to any User in Quebec, and to any other User who requests it, at the address in Section 21 and within the Service, and may be obtained there at any time. The French version is equally authentic with this English version. Where a User, having been furnished with the French version, expressly elects to be bound by the English version, the parties have by that express election required that this Notice and all related documents be drawn up in English. Une version française du présent avis est disponible au sein du Service, avant son acceptation, à tout utilisateur situé au Québec, et à tout autre utilisateur qui en fait la demande, à l'adresse indiquée à l'article 21 et au sein du Service; elle peut y être obtenue en tout temps. Lorsque l'utilisateur, après avoir reçu la version française, choisit expressément d'être lié par la version anglaise, les parties ont par ce choix exprès exigé que le présent avis et tous les documents connexes soient rédigés en anglais.

Section 18 — Amendment of this Notice

The Operator may amend this Notice. An amendment affecting the representations in Section 6 will be presented to the User for acceptance upon the next occasion on which the setting is enabled. Any other amendment takes effect upon publication and the effective date stated above is updated accordingly. Continued use of the Service after an amendment takes effect constitutes acceptance of it.

Section 19 — Governing law

Statement for consumers in Quebec, given immediately before the stipulation that follows: the stipulation of Section 19.1 below is prohibited by the Consumer Protection Act (chapter P-40.1) and does not apply to a consumer in Quebec, who may bring proceedings before the courts of Quebec under the law of Quebec.

19.1 This Notice is governed by the law stipulated in the Terms of Use, subject to Section 16 and to the statement above.

Section 20 — Relationship to other documents

This Notice supplements the Terms of Use and the Privacy Policy and does not limit either. Where an obligation appears in more than one of them, the obligations are cumulative.

Section 21 — Notices and contact

Notices to the Operator, including complaints, reports of misclassified or unlawful Listings, and notices from rights holders, are to be sent to contact@galvoyage.com and are deemed given upon receipt. The Operator may give notice to the User within the Service.