TERMS OF AGREEMENT
ACCEPTABLE USE OF GAMEDEVCENTRAL.IO
Greetings and welcome, dear potential new user of Game Dev Central! As this is a multi-sided platform marketplace that lets people either sell or buy game assets, there are a lot of different aspects that must be legally covered in order for it to function as optimally as possible. Therefore, it is important that everyone who chooses to use Game Dev Central has a basic understanding of the rules of the game.
Please read and understand these terms before using Game Dev Central, in order to know what is expected of all who partake in this awesome game asset marketplace. Also, pay extra attention to the provisions of clauses 3.6 and 3.7, regarding your rights of cancellation.
Customers should pay extra attention to clauses 3 and 4.
In addition to these, if you are signing up as a Dev Store Owner (“seller”), then please also pay extra attention to clauses 5, 6 and 7.
Terms of Agreement
2. The GDC Marketplace
3. Purchase of Product Licenses
4. Product License
5. Sale of Game Assets and Payment Provisions
6. Ownership of Game Assets, Derivative Works and Products
7. Limitations and Exclusions of Liability
Terms of Using GameDevCentral.io
2. Use of the Website
3. Registration and Accounts
4. Usernames and Passwords
5. Cancellation and Suspension of Your Account
6. Dev Store Owners’ Content: Product License
7. Dev Store Owners’ Content: The Rules
8. Limited Warranties
9. Limitations and Exclusions of Liability
10. Breaches of These Terms of Agreement
Policy of Acceptable Use of GameDevCentral.io
1. Prohibited Uses
2. Interactive Services
3. Content Standards
4. Suspension and Termination
5. Changes to the Policy of Acceptable Use of GameDevCentral.io
Terms of Agreement
Game Dev Central (https://gamedevcentral.io/) will in these terms of agreement be called “Game Dev Central” or “GDC” or “we” or “us”. This website is an online marketplace where licenses to use assets for games can be sold. We define Game Assets as any or all of the individual pieces constituting any type of game existing in a digital format. Thus, Game Dev Central allows registered users of our site (“Members“) to sell and purchase Game Asset licenses – this transaction-enabling function we define as “GDC Marketplace”.
Please be aware that by using Game Dev Central (as a Customer, Dev Store Owner or both), you accept and agree to be bound by these GDC Terms and the other documents expressly referred to in it.
- In these GDC Terms, these definitions apply – in addition to the other definitions explained here:
“Game Asset(s)” is defined as any work, information, data, software, executable code, image, drawing, art concept, animation, audio content or video content in any digital medium or form including (but not limited to) 2D image files, 3D design files, GUI elements and audio files, to mention a few.
“Derivative Work” stands for a change to (or addition to) a Licensed Game Asset, or any other form in which a Licensed Game Asset may be recast, transformed or adapted.
“Product License(s)” has the definition described in clause 4.1.
“Licensed Game Asset” is defined as the Game Asset a customer has bought a Product License for from a Dev Store Owner through the Game Dev Central marketplace.
“Product” is any digital/media product, creation or platform created and sold/given away by a Dev Store Owner, including (but not limited to) software, applications, video content, audio content, documents and websites.
The definition of “Monetized Product” is a Product which can produce further income (in the broadest sense), value, receipt or measure for any party by any means whatsoever, including and not limited to in-app purchase facilities or advertising – in addition to any original sale price of the Product.
The definition of “Non-Monetized Product” is a Product in relation to which, other than the original sale price of the Product, no party is able to receive any further income (in the broadest sense), value, receipt or measure by any means whatsoever, including and not limited to via in-app purchase facilities or advertising.
“Customer” means a Non-Member or Member who buys a Game Asset Product License through a sub-license from Game Dev Central via the GDC Marketplace.
“Dev Store Owner” is defined as a Member who grants a Product License of a Game Asset to Game Dev Central for sub-license to other Members via the GDC Marketplace.
- THE GDC MARKETPLACE
2.1. Members are allowed to;
(a) sell Product Licenses of their Game Assets to Game Dev Central, which then will be sub-licensed to other Members via the GDC Marketplace;
(b) buy Product Licenses through sub-licensing them from Game Dev Central in respect of other Members’ Game Assets via the GDC Marketplace; and
(c) browse or access the GDC Marketplace;
in accordance with these GDC Terms.
- PURCHASE OF PRODUCT LICENSES
3.1. How the Game Assets may be used by the Customer is dictated by the Product Licenses.
3.2. The only reason Game Dev Central takes part in the Product Licenses is solely for the purpose of licensing the specific Licensed Game Asset from Dev Store Owners, and thereby being able to sub-license the specific Licensed Game Asset to Customers.
3.3. The cost of various Product Licenses (“Product Prices”) will be as stated on the GDC Marketplace, and might change whenever the various Dev Store Owners or even we see it beneficial to change the cost – for whatever reason.
3.4. There are a large number of Game Assets available on the GDC Marketplace. The Customer and Dev Store Owner acknowledge and agree that despite Game Dev Central’s reasonable precautions, there is a probability of Product Prices being listed at an incorrect price or with incorrect information, due to but not limited to a typographical error or similar oversight. If this occurs, then Game Dev Central reserves the right to cancel or reverse a transaction – even after an order has been confirmed and a payment completely processed. If it happens that a transaction is cancelled, Game Dev Central will makes sure any payment to be credited or refunded – with the exception of any amount deducted from the original Product Price through external transaction fees (for example the amounts PayPal withdraws while transferring / sending money).
3.5. Placing an order and buying Game Assets is done by adding items to your online cart and checking out through GameDevCentral.io’s checkout process.
3.6. When a Customer submits an order for a Product License via the GDC Marketplace, the Customer is deemed to have consented to being supplied the applicable Licensed Game Asset for download in accordance with clause 3.13 before the end of any statutory cancellation period to which the Customer would otherwise be entitled and the Customer acknowledges that, as a result, the Customer will lose any such cancellation right and Game Dev Central hereby confirms to the Customer such consent and acknowledgement.
3.7. Once an order has been submitted via the GDC Marketplace, neither the Dev Store Owner nor the Customer is allowed to cancel the order of that Product License.
3.8. Game Dev Central does not guarantee the continued availability of Game Assets offered for License via the GDC Marketplace.
3.9 Only once Game Dev Central confirms an order will the contracts between the Dev Store Owner and Game Dev Central and between the Customer and Game Dev Central be formed.
3.10. The full Product Price must always be paid by the Customer.
3.11. Game Dev Central will send the Customer and Dev Store Owner a confirmation e-mail that the Product Price has been received (“Purchase Confirmation”) once the Product Price has been received by Game Dev Central.
3.12. A Product License shall at the same time be granted from the Dev Store Owner to Game Dev Central and (by way of sub-Product License thereof) from Game Dev Central to the Customer. It will be effective once Game Dev Central has sent the Purchase Confirmation. In order to avoid doubt, Game Dev Central’s entry into a Product License with a Dev Store Owner is subject to and contingent upon Game Dev Central entering into a related Product License with a Customer and receiving the Purchase Price from the Customer. Failing this, Game Dev Central shall not be bound by the Product License with the Dev Store Owner and Game Dev Central’s entry into a Product License with a Customer is subject to and conditional upon Game Dev Central entering into a related Product License with a Dev Store Owner, failing which Game Dev Central shall not be bound by the Product License with the Customer.
3.13. The Customer may immediately download a purchased Licensed Game Asset following notification of its availability for download by Game Dev Central.
3.14. During its availability on the GDC Marketplace a Licensed Game Asset may be downloaded by the Customer through the download link available either in the Customer’s Purchase History or in the email receipt received upon purchase, as subject to clauses 3.8 and 3.16(d.). Whether the Customer is able to download newer versions of the Licensed Game Asset without actually purchasing it anew, depends entirely on the Dev Store Owner sending out new download links to his/her customers. Game Dev Central makes no promise whether or not this will happen.
3.15. If the Customer wishes to receive a full or partial refund after the purchase of a Product License, the Customer should then contact Game Dev Central, and we will mediate and seek to resolve the dispute – without a guarantee that the refund will actually take place.
3.16. In order to avoid doubt, neither the Dev Store Owner nor Game Dev Central is required to provide a Product License refund where the Customer;
- a) no longer wants use a Product License or Licensed Game Asset;
- b) mistakenly or accidentally purchased the Product License;
- c) does not know how to use the Licensed Game Asset; or
- d) isn’t any longer able to access a Licensed Game Asset because it has been removed by its Dev Store Owner from the GDC Marketplace.
- PRODUCT LICENSE
4.1. A “Product License” means that the Dev Store Owner grants to Game Dev Central (purely for the purpose of sub-licensing to the Customer) and Game Dev Central grants (by way of sub-Product License thereof) to the Customer a non-exclusive perpetual Product License to;
(a) create Derivative Works using the Licensed Game Asset; and
(b) use the Licensed Game Asset and any Derivative Works as part of either unlimited (∞) Non-Monetized Products or one (1) Monetized Product which, in either case, is:
- i) used by the Customer for his or her own personal use; and/or
- ii) used by the Customer in a commercial way, in which case the Customer may distribute, sell or supply the Monetized product for a fee chosen by the Customer.
(c) purchase an additional Product License for each additional Monetized Product the Customer plans to include the given Game Asset in.
4.2. Even if the Customer has bought a Product License, it does not grant the Customer permission to:
(a) create a logo, trademark or service mark with the Licensed Game Asset or Derivative Work included;
(b) other than as a part of a relevant Non-Monetized or Monetized Product, the Customer is not allowed to in any way shape or form (commercial or not) redistribute the Licensed Game Asset or Derivative Work.
(c) re-sell or give away the Non-Monetized or Monetized Product as is, or in a similar form with the Non-Monetized or Monetized Product as a base, either on Game Dev Central or any other marketplaces.
(d) extract the Licensed Game Asset or Derivative Works from a Non-Monetized or Monetized Product and use them outside of the relevant Non-Monetized Product or Monetized Product.
4.3. In the case of a Product License where multiple Game Assets are included in a bundle or pack, the Customer may use the Licensed Game Assets within the bundle or pack in respect of multiple Non-Monetized Products and/or Monetized Products provided that no one individual Licensed Game Asset within that bundle or pack is used more than once or in more than one Monetized Product. However, the Customer is allowed to use them in an unlimited number of Non-Monetized Products (∞) – same as described in clause 4.1. (b).
4.4. A sequel to a Non-Monetized Products or Monetized Product is considered a separate Product in its own right and the use of any Licensed Game Assets howsoever in or in respect of such sequel requires and is conditional upon the purchase of a separate Product License in respect thereof.
- SALE OF GAME ASSETS AND PAYMENT PROVISIONS
5.1. By uploading any Game Assets to the GDC Marketplace, the Dev Store Owner understands and accepts that 10% (including 25% for taxes – which the Dev Store Owner must deliberately add to the price of his or her Game Asset) of the Purchase Price of each Licensed Game Asset received by Game Dev Central shall be retained by Game Dev Central.
5.2. For each Licensed Game Asset, the Dev Store Owner shall be entitled to payment by Game Dev Central of 90% (excluding 25% of the Purchase Price for taxes, as well as whatever transaction fees caused by sending/receiving payments, as subject to clause 5.4) of the Purchase Price received by Game Dev Central (“Dev Store Owner’s Revenue”).
5.3. Once each month the Dev Store Owner’s revenue will be calculated from their accumulated sales, and the Dev Store Owners will get paid the 1st of every month. The time period being calculated is from the 1st to the last day of the prior month’s sales.
5.4. Important: Any and all transaction fees as a result of Sending / Receiving payment (including, but not limited to, PayPal fees) shall be paid by the Dev Store Owner. If it happens that Game Dev Central is required to pay any such fees on behalf of the Dev Store Owner, these then will be deducted by Game Dev Central from the Sending / Receiving payment made to the Dev Store Owner.
5.5. If and when applicable, VAT shall be charged, accounted for and paid in respect of all transactions taking place through the GDC Marketplace in accordance with all applicable laws and regulations and Game Dev Central’s lawful instructions and the Dev Store Owner and Customer shall provide all such information, documentation and assistance and shall take such steps and actions as Game Dev Central may lawfully require for such purposes.
5.6. When uploading Game Assets to the GDC Marketplace, the Dev Store Owner:
(a) grants Product Licenses to Game Dev Central for sub-licensing the same to Customers;
(b) grants Game Dev Central a non-exclusive and perpetual Product License to:
(i) distribute the Game Asset on the GDC Marketplace;
(ii) make Game Asset Product Licenses available for sale to Customers through the GDC Marketplace; and
(iii) make use of the Game Asset in, but not limited to, the advertising, promotion and distribution of GameDevCentral.io and the GDC Marketplace.
5.7. A Dev Store Owner may be refused by Game Dev Central, in its sole discretion, to offer a Game Asset for license on the GDC Marketplace. If this happens, Game Dev Central is not required to, but nevertheless may, give reasons as to why the Dev Store Owner has been refused to offer a Game Asset for license on the GDC Marketplace.
5.8. The Dev Store Owner guarantees that:
(a) it legally and exclusively owns all intellectual property rights in each Game Asset;
(b) the Game Asset is not infringing any rights of any third party;
(c)it will not infringe the rights of any person when Game Dev Central exercises the rights granted under these GDC Terms, including sub-licensing Product Licenses to Customers;
(d) the Game Asset does NOT contain viruses or other computer codes, files or programs designed to limit or destroy the functionality of other computer software or hardware;
(e) the Game Asset does not create any liability for Game Dev Central or otherwise cause Game Dev Central to lose (in whole or in part) its ISP’s services or other suppliers;
(f) by making the Game Asset available on the GDC Marketplace, it does not cause Game Dev Central to violate any applicable law, statute, ordinance or regulation;
(g) the Game Asset adheres to the Content Standards set out in GameDevCentral.io’s Policy of Acceptable Use of GameDevCentral.io.
5.9. The Dev Store Owner acknowledges and agrees that if Game Dev Central determines, in its absolute discretion, or is notified by a third party, that an Game Asset does not comply with any applicable laws and/or these GDC Terms, Game Dev Central may disable the Dev Store Owner’s account and withhold all amounts that the Dev Store Owner may have earned from the sale of Product Licenses in respect of the relevant Game Asset until any dispute in relation to the Game Asset has been resolved to the satisfaction of Game Dev Central.
5.10. The Dev Store Owner acknowledges and agrees that Game Dev Central may, at its sole discretion, elect at any time and for any reason to remove Game Assets from the GDC Marketplace without notice to the Dev Store Owner. Game Dev Central is not responsible for any loss that the Dev Store Owner may suffer as a result of a Game Asset being removed from the GDC Marketplace by Game Dev Central.
- OWNERSHIP OF GAME ASSETS, DERIVATIVE WORKS AND PRODUCT
6.1. The Dev Store Owner must own any and all intellectual property rights in the Game Asset.
6.2. Any and all intellectual property rights in Derivative Works shall be owned by the Dev Store Owner. To the extent that any such intellectual property rights automatically vest in the Customer, then in consideration of the Product License granted to the Customer to create Derivative Works (which the Customer hereby acknowledges is adequate and sufficient consideration) the Customer hereby assigns by way of present and future assignment, any and all such rights to the Dev Store Owner. The Customer shall execute and deliver such documents and perform such acts as may be required for the purpose of giving evidence of and/or full effect to such assignment.
6.3. Subject to clauses 6.1 and 6.2, the Customer shall own any and all intellectual property rights in the Product.
- LIMITATIONS AND EXCLUSIONS OF LIABILITY
7.1. This clause 7 applies in addition to the limitations and exclusions of Game Dev Central’s liability set out in the Terms of Using GameDevCentral.io.
7.2. Game Dev Central does not take any responsibility for, and does not have any control over, the quality, safety or legality of any Game Asset uploaded to and / or downloaded from, the GDC Marketplace by a Member.
7.3. Game Dev Central does not guarantee that any Game Assets or content, code, data or materials uploaded to, or downloaded from, the GDC Marketplace does not infringe any intellectual property rights of any third party. This is the sole responsibility of the Dev Store Owner. Thus, the Dev Store Owner is required to warrant that its Game Asset is not infringing the intellectual property rights of any third party.
7.4. To the fullest extent permitted by law, Game Dev Central shall not be liable to any Member for any costs, expenses, loss or damage (whether direct, indirect or consequential and whether economic or other) arising from Game Dev Central’s exercise of the rights granted to it under these GDC Terms (including sub-licensing Product Licenses to Customers).
7.5. Each Member shall indemnify Game Dev Central against all liabilities, costs, expenses, damages or losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Game Dev Central arising out of or in connection with:
(a) The exercise of the rights granted to Game Dev Central under these GDC Terms, which includes the sub-licensing of Product Licenses to Customers; and/or
(b) enforcing these GDC Terms.
7.6. Nothing in these GDC Terms have the effect of excluding or limiting any liability for death or personal injury caused by negligence or any liability for fraud or fraudulent misrepresentation.
8.1. A Member’s rights under these GDC Terms will not be affected if Game Dev Central decides to sub-contract, sub-license, delegate or otherwise transfer Game Dev Central’s rights and obligations under these GDC Terms to another organization.
8.2. Only if Game Dev Central officially agrees (e.g. in writing) is a Member allowed to sub-contract, sub-license, delegate or otherwise transfer its rights and obligations under these GDC Terms to another person.
8.3. As each of these GDC Terms clauses operate separately, the remaining clauses will remain in full force and effect, if for some reason any court or relevant authority happens to decide that any of them are unlawful or unenforceable.
8.4. If Game Dev Central fails to insist that a Member performs any of its obligations under these GDC Terms, or if Game Dev Central does not enforce Game Dev Central’s rights against a Member, or if Game Dev Central delays in doing so, that will not mean that Game Dev Central has waived Game Dev Central’s rights against the Member and will not mean that Members do not have to comply with those obligations. If Game Dev Central does waive a default by a Member, Game Dev Central will only do so in writing, and that will not mean that Game Dev Central will automatically waive any later default by a Member.
8.5. These GDC Terms are governed by Norwegian law, which means any and all of these GDC Terms and any dispute or claim arising out of or in connection with them or the GDC Marketplace will be governed by the country in which Game Dev Central operates.
Terms of Using GameDevCentral.io
- 1.1. Game Dev Central will be referred as (“Game Dev Central” or “we” or “us”).
- 5.1. Our Policy of Acceptable Use of GameDevCentral.io. This policy lays out the permitted uses and prohibited uses of our site. Therefore, you must comply with this Policy of Acceptable Use of GameDevCentral.io when using GameDevCentral.io.
- 5.3. The GDC Terms applies to the sales if you purchase or sell Game Assets via our site.
- USE OF THE WEBSITE
- 1.1. use a web browser to view pages from GameDevCentral.io;
- 1.2. download pages from GameDevCentral.io via cache in a web browser;
- 1.3. print out pages from our site to use for information or advertisement purposes;
- 1.4. listen to audio and watch video files available on our site;
- 1.5. use our site services with a web browser; and
- 1.6. in accordance with the GDC Terms, purchase and sell Game Assets via GameDevCentral.io.
- 2.3. With the exception where you yourself legally own or control the relevant rights in the material, you must not:
- 3.1. republish material from our site – which includes republication on other websites;
- 3.2. take material from our website and sell, rent or sub-license it;
- 3.3. publically show any material from GameDevCentral.io;
- 3.4. commercially exploit material from our site; or
- 3.5. redistribute any material from GameDevCentral.io, except as expressly laid out in the GDC Terms.
- 2.4. You are not allowed to circumvent / bypass, or otherwise attempt to circumvent / bypass any access restriction measures on GameDevCentral.io. We reserve the right to restrict access to any areas of GameDevCentral.io, or our whole site, at our discretion.
- REGISTRATION AND ACCOUNTS
- 3.1. You may register for an account with our site by completing and submitting the account registration form on our site, and clicking on the verification link in the email that our site will send to you.
- 3.2. Access to certain areas of our site is restricted to members only.
- 3.3. Only users that expressly agree to these terms – registered Members or not – will be permitted to buy and sell Game Assets using our Marketplace in accordance with our GDC Terms.
- 3.4. Once registered with an account, you will, subject to these terms (and such other terms and policies referred to herein), be permitted to:
- 4.1. buy Game Assets from other registered users using GDC Marketplace;
- 4.2. sell Game Assets to other registered users using GDC Marketplace;
- 4.3. participate in the online community; and
- 3.5. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
- 3.6. You must not use any other person’s account to access our site.
- USERNAMES AND PASSWORDS
- 4.1. If you register for an account with our site, you will be asked to choose a username and password.
- 4.3. You must keep your password confidential.
- 4.4. You must notify us in writing immediately if you become aware of any disclosure of your password.
- 4.5. You are responsible for any activity on our site arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- CANCELLATION AND SUSPENSION OF YOUR ACCOUNT
- 5.1. We may:
- 1.1. suspend your account;
- 1.2. cancel your account; and/or
- 1.3. edit your account details,
- at any time in our sole discretion without notice or explanation.
- 5.2. If you want your account canceled, let us know through the Contact Us page and we will delete your account from GameDevCentral.io.
- DEV STORE OWNERS’ CONTENT: PRODUCT LICENSE
- 6.2. Subject to our GDC Terms in respect of Game Assets:
- 2.1. You grant us a worldwide, non-exclusive, ongoing, royalty-free Product License to store, publish and distribute your content on and in relation to this site and any successor site(s).
- 2.2. You grant to us the right to sub-license the rights licensed under clause 6.2.2.
- 6.3. Game Dev Central does not take any responsibility for the quality, safety or legality of any content sold, bought or otherwise uploaded or downloaded by you from GameDevCentral.io.
- 6.4. You may edit your content to the extent permitted using the editing functionality made available on our site.
- 6.6. If you believe that your copyright has been infringed by a user of our site, then we ask that you contact us with your contact details, a description of the infringement you believe has been made, and a statement confirming that you are the copyright owner or are permitted to act on behalf of the copyright owner.
- DEV STORE OWNERS’ CONTENT: THE RULES
- 7.1. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the Content Standards set out in our Policy of Acceptable Use of GameDevCentral.io.
- 7.2. You warrant that any such contribution does comply with those Content Standards, and you will be liable to us and indemnify us for any breach of that warranty.
- 7.3. Subject to our GDC Terms, any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
- 7.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- 7.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
- 7.6. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Policy of Acceptable Use of GameDevCentral.io.
- 7.7. The views expressed by other users on our site do not represent our views or values.
- 7.8. The Game Assets you sell must be complete and usable.
- 7.9. You as the Dev Store owner have the responsibility to make sure your products’ download links always are updated and work, for as long as you’re selling the specific products.
- 7.10. Provide all the instructions needed for the buyer to understand how to use your product – either on the product’s page here on Game Dev Central, or in a Read Me file included with the download.
- 7.11. On your products’ sales page, include good, detailed descriptions, images and (if possible) ways for the customers to preview the products before buying.
- 7.12. Only upload one instance of each of your Game Assets. Thus, do not spam the Game Dev Central marketplace with multiple postings of the same product just to increase visibility.
- 7.13. You as the Dev Store owner have the sole responsibility to provide support to your customers.
- 7.14. There is no validation / evaluation process involved when you upload products for sale, in the good faith that you adhere to the guidelines and behave in a professional manner.
- LIMITED WARRANTIES
- 8.1. We do not warrant or represent:
- 1.1. the completeness or accuracy of the information published on our site;
- 1.2. that the material on our site is up to date; or
- 1.3. that our site or any service on our site will remain available.
- 8.3. You agree that Game Dev Central will not be liable to you for any loss that may occur as a result or by-product of any interruption to or suspension of service.
- LIMITATIONS AND EXCLUSIONS OF LIABILITY
- 9.1. Nothing in these terms of agreement will:
- 1.1. limit or exclude any liability for death or personal injury resulting from negligence;
- 1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
- 1.3. limit any liabilities in any way that is not permitted under applicable law; or
- 1.4. exclude any liabilities that may not be excluded under applicable law.
- 9.2. The limitations and exclusions of liability set out in this clause 9 and elsewhere in these terms of agreement:
- 2.1. are subject to clause 9.1; and
- 9.3. To the extent that any portions of our site and any information and services on our site are provided free of charge, we will not be liable for any loss or damage of any nature.
- 9.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 9.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- 9.6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
- 9.7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- 9.8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our site or these terms of agreement (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- 9.9. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no responsibility or liability for the content of other websites, which may or may not be provided by or through websites linked to from our site, even if they are owned or run by affiliates of ours. The inclusion of any link to such websites on our site does not imply our endorsement, sponsorship, or recommendation of that website.
- 9.10. You agree to the fact that, whilst we take precautions to protect the information you transmit to our site, we cannot ensure the security of that information.
- BREACHES OF THESE TERMS OF AGREEMENT
- 10.1. Without prejudice to our other rights under these terms of agreement, if you breach these terms of agreement in any way, or if we reasonably suspect that you have breached these terms of agreement in any way, we may:
- 1.1. send you one or more formal warnings;
- 1.2. temporarily suspend your access to our site;
- 1.3. permanently prohibit you from accessing our site;
- 1.4. block computers using your IP address from accessing our site;
- 1.5. contact any or all your internet service providers and request that they block your access to our site;
- 1.6. commence legal action against you, whether for breach of contract or otherwise; and/or
- 1.7. suspend or delete your account on our site.
- 10.2. Where we suspend or prohibit or block your access to our site or a part of our site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- 11.1. We may revise these terms of agreement from time to time. The revised terms of agreement shall apply to the use of our site from the date of publication of the revised terms of agreement on our site, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms of agreement. If you do not agree to the revised terms of agreement, you must stop using our site.
- 11.2. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of agreement. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms of agreement.
- 11.3. If a provision of these terms of agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- 11.4. If any unlawful and/or unenforceable provision of these terms of agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- 11.5. These terms of agreement are for our benefit and your benefit, and these terms of agreement are not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under these terms of agreement is not subject to the consent of any third party.
- 11.6. These terms of agreement, together with the documents referred to herein, shall constitute the entire agreement between you and us in relation to your use of our site and shall supersede all previous agreements between you and us in relation to your use of our site.
- 11.7. These terms of agreement shall be governed by and construed in accordance with the law.
- 11.8. Any disputes relating to these terms of agreement shall be subject to the exclusive jurisdiction of the courts in which we operates.
Policy of Acceptable Use of GameDevCentral.io
This Policy of Acceptable Use of GameDevCentral.io sets out the terms between you and us under which you may access our website gamedevcentral.io (“our site”). This Policy of Acceptable Use of GameDevCentral.io applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this Policy of Acceptable Use of GameDevCentral.io, which supplement our Terms of Using GameDevCentral.io and GDC Terms.
Other than as set out in the GDC Terms, use of our site does not grant to you any ownership of any content, code, data or materials you may access or any intellectual property rights subsisting any content, code, data or materials you may access.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Using GameDevCentral.io.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Product comments;
- Char rooms;
- Bulletin boards; and
- Discussion forums
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These standards (“Content Standards”) apply to any and all content (as defined in the Terms of Using GameDevCentral.io) and other material which you contribute to our site (“contributions”), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this Policy of Acceptable Use of GameDevCentral.io through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Policy of Acceptable Use of GameDevCentral.io constitutes a material breach of the terms of agreement upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Policy of Acceptable Use of GameDevCentral.io. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE POLICY OF ACCEPTABLE USE OF GAMEDEVCENTRAL.IO
We may revise this Policy of Acceptable Use of GameDevCentral.io at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Policy of Acceptable Use of GameDevCentral.io may also be superseded by provisions or notices published elsewhere on our site.