Disclaimer

Limitation of liability for internal content

The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.

Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the site or reliance on any information provided on the site. Your use of the site and your reliance on any information on the site is solely at your own risk.

Limitation of liability for external links

Our website contains links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.

Copyright

The content and works published on this website are governed by the copyright laws of of the country this site is hosted from. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.

Data protection

A visit to our website can result in the storage on our server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or email address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. Any forwarding of the data to third parties without the express consent of the user shall not take place.

We would like to expressly point out that the transmission of data via the Internet (e.g., by email) can offer security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities.

The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.


Terms of Service

Last Updated: September 29, 2018

GameDevHQ, Inc. (“GameDevHQ.com”, “our” or “we”) provides services for developers of games and interactive content (“Developer Services“) and various GameDevHQ.com communities (“Communities“), provided through or in connection with our websites, accessible at gamedevhq.com (the “Site”). Except to the extent you and GameDevHQ.com have executed a separate agreement governing your use of the Developer Services, these terms and conditions exclusively govern your access to and use of the Developer Services, Communities and Site (collectively, the “Services”), and constitute a binding legal agreement between you and GameDevHQ.com (the “Terms”). These Terms and any Additional Terms are, collectively, the “Agreement.”

If you accept or agree to the Agreement on behalf of a company, organization or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

You ackowledge and agree that, by accessing, purchasing, or using the services, you are indicating that you have read, understand, and agree to be bound by the agreement whether or not you have created a GameDevHQ.com account, Subscribed to the GameDevHQ.com Newsletter or otherwise registered with the site. If you do not agree to these terms and all applicable additional terms, then you have no right to access or use any of the services.

1. Your Use of the Services

1.1 ELIGIBILITY. The Services are intended solely for persons who are 13 or older. Except as expressly provided otherwise on the Site, the Services are intended for persons 13 and older provided, however, you must be at least 18 to make purchases or submit content to GameDevHQ.com. If you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may purchase access to the Services only with the involvement of your legal guardian, and you represent and warrant that your legal guardian has read, understood and agreed to this Agreement.

1.2 PRIVACY. Your privacy is important to us. GameDevHQ.com's Privacy Policy discloses the information we collect and how we use it. By using any of the the Services, you agree to the terms of the Privacy Policy, so please review the Privacy Policy carefully. You affirm that you have read and accept the Privacy Policy and its terms. You can find the most up to date privacy policy here: https://gamedevhq.com/privacy-policy.

1.3 ADDITIONAL TERMS. The GameDevHQ Shop and GameDevHQ Filebase have terms and conditions of their own. If there is any conflict between these Terms and the Additional Terms, the Additional Terms govern.

1.4 MODIFICATION. GameDevHQ.com reserves the right, at its sole discretion, to modify, discontinue or terminate any services offered. GameDevHQ.com may also modify the Agreement at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last updated” date at the top of these Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the website.

2. Your GameDevHQ.com Account

In order to use most Services, you must register for a “GameDevHQ.com Account”. To create a GameDevHQ.com Account, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. GameDevHQ.com reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify GameDevHQ.com of any unauthorized use of your account.

3. Your Responsibilities

You represent and warrant that: (a) you have the legal capacity to agree to the Agreement; (b) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals; and (c) you will comply with all applicable laws and regulations in connection with your use of the Services (including but not limited to applicable Federal Trade Commission rules and COPPA), and in accordance with the terms and conditions specified in the Agreement.

4. Intellectual Property Rights

4.1 GAMEDEVHQ.COM’S OWNERSHIP. The Site, Developer Services, Communities and Website Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Agreement, GameDevHQ.com and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

4.2 YOUR CONTENT. As between you and GameDevHQ.com, you own all right, title and interest (including, all intellectual property rights) in and to the content you create using the Developer Services and/or any content you post to the Site (other than any components of the Software contained therein or used in connection therewith). You grant GameDevHQ.com a non-exclusive, irrevocable, perpetual license to transmit, reproduce, and distribute your work on the web site and in any promotional or advertising material created by GameDevHQ.com in connection with the Developer Services, Site, or Communities. GameDevHQ.com reserves the right to remove any content or part of content at its sole discretion.

4.3 COPYRIGHT POLICY. GameDevHQ.com respects copyright law and expects its users to do the same. GameDevHQ.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

4.4 PROPRIETARY RIGHTS NOTICES. All trademarks, service marks, logos, trade names and any other proprietary designations of GameDevHQ.com used herein are trademarks or registered trademarks of GameDevHQ.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

4.5 TAKEDOWN NOTICE PROCEDURE. To the extent possible under International Law, GameDevHQ.com is not liable for any copyright infringement arising from any materials posted, shared, uploaded or otherwise transmitted on this website or in our games, including advertisements, user generated content or other third party content. However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If you believe that your copyrights are being violated by materials found on this website or our products or other services, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. A description of the copyrighted work that you believe has been infringed;
  3. A description of where the material that you claim is infringing is located or identified on the website or GameDevHQ Product, including a verifiable link to the material;
  4. Your name, address, telephone number, and email address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
  6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.

The above information should be provided to GameDevHQ's Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached by emailing legal@gamedevhq.com

If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:

  1. your physical or electronic signature;
  2. your name, address, and phone number;
  3. identification of the material and its location before it was removed;
  4. a statement under penalty of perjury that the material was removed by mistake or misidentification;
  5. your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
  6. your consent to accept service of process from the party who submitted the takedown notice.

5. Payments

5.1 FEES. Fees for certain Services are set forth on the Site via the user profile settings (the “Profile Settings”). GameDevHQ.com may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes to the Site or within the Profile Settings. GameDevHQ.com will provide you with at least 30 days’ notice of any changes affecting existing Software and/or Developer Services you have already started using, and your continued use of such Software and/or Developer Service after the effective date of any such change means that you accept and agree to such changes, as applicable.

You agree to pay all amounts due for the Services as set forth in the online cart, quote or invoice and in accordance with GameDevHQ.com's payment terms and, if applicable, those of any payment processor. All fees payable under the Agreement are net amounts and payable in full, without deduction for taxes or duties of any kind. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Software and/or Developer Services, except for taxes based on GameDevHQ.com's net income. In the event that GameDevHQ.com is required to collect any tax for which you are responsible, you will pay such tax directly to GameDevHQ.com or its payment processor. If you pay any withholding taxes that are required to be paid under applicable law, you will promptly furnish GameDevHQ.com with written documentation of all such tax payments, including receipts. GameDevHQ.com reserves the right to collect any applicable sales, use or value added tax.

All sales are final and there shall be no refunds except as required by law. Further, GameDevHQ.com will not allow changes to your purchase after you complete it. GameDevHQ.com may disable all copies of the Software and/or your access to any Developer Services you have licensed or subscribed to in the event you fail to make all payments when due.

You acknowledge and agree that, in the case of certain Developer Services, any estimates of fees and charges provided to you by GameDevHQ.com (whether based on assumed data consumption or otherwise) are solely estimates based on assumptions and that you are fully responsible for the actual fees and charges that accrue.

5.2 BILLING. If you purchase Services, you will be asked to provide customary billing information such as name, company name, billing address, credit card information and VAT number (for EU residents) either to GameDevHQ.com or its third party payment processor. VAT numbers cannot be added or changed after the purchase is completed. When you provide billing information to GameDevHQ.com or its third party payment processor, you: (i) represent and warrant that you are the authorized user of the card, PIN, key or account associated with such billing information; (ii) agree to pay GameDevHQ.com for all purchases (including all applicable taxes) made via the Site or Profile Settings; and (iii) thereby authorize GameDevHQ.com or its third party payment processor to charge your credit card or otherwise process your payment for any purchase, subscription or other fees incurred by you. If you are directed to GameDevHQ.com's third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s privacy policy. Please review such third party’s terms and conditions and privacy policy before using such services.

5.3 SUBSCRIPTION TERMS. If you purchase a subscription to use the Services, you also agree to the  subscription terms set forth on the Site. Any subscriptions you purchase will remain in effect for the initial subscription period, and thereafter will automatically renew on a month-to-month basis at the then-current list price, unless you renew the subscription for a new subscription term or terminate and cancel it as described on the Site.

6. Compliance

To ensure compliance with the Agreement, you agree that within ten (10) days from the date of GameDevHQ.com or its authorized representative’s request, you shall provide all pertinent records and information requested in order to verify that your installation and use of any and all Services is in compliance with the Agreement along with a signed verification that all such information is complete and correct. Furthermore, if you are a Legal Entity, GameDevHQ.com or its authorized representatives may upon reasonable prior notice access and inspect your facilities and computer systems to review and verify your compliance with the Agreement. Any such inspection shall be conducted during regular business hours at your facilities or electronically via remote access. In the event you have not paid the applicable fees for all Developer Services you have deployed or used, you agree to immediately pay for such Developer Services, as well as the reasonable inspection costs, upon GameDevHQ.com’s demand.

7. Termination and Account Cancellation

GameDevHQ.com will have the right in its sole discretion, and without prior notice to you, to suspend or disable your GameDevHQ.com Account or terminate the Agreement and/or your right or ability to access or use any of the Services if: (a) you breach this Agreement; (b) your use of the Services poses a security risk to, or otherwise adversely impacts, the Services or any third party; (c) your use of the Services subjects GameDevHQ.com, our affiliates or any third party to liability; (d) your use of the Services may be fraudulent; (e) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

In the event of any suspension, disablement or termination, you acknowledge that: (i) GameDevHQ.com will have no further obligation to provide the Services to you; (ii) all rights granted to you under the Agreement will immediately cease; (iii) you may no longer access any of Your Content that was previously submitted via any of the Services or that was related to your GameDevHQ.com Account, and GameDevHQ.com will have no obligation to maintain or forward you Your Content; and (iv) you will remain liable for all fees and charges for all Services ordered. If GameDevHQ.com suspends, disables or terminates due to your breach, you will also remain liable for any remaining amounts owing for the entire term of your subscriptions. Any suspension, disablement or termination will not affect your obligations to GameDevHQ.com (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination.

8. Disclaimer

You shall be solely responsible for the accuracy and quality of Your Content, and you understand that you must evaluate and bear all risks associated with your use of the Services, or your reliance on the accuracy, completeness, or usefulness of the Services.

9. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify, and hold GameDevHQ.com, its officers, directors, employees and agents, harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of any of the Services; (ii) Your Content; or (iii) your violation of the Agreement.

10. Controlling Law and Jursdiction

10.1 CHOICE OF LAW. The Agreement is governed by and construed in accordance with the laws of the State of Georgia of the United States of America, without regard to or application of conflict of laws rules or principles. Any action to enforce any rights herein shall be brought within the State of Georgia. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

10.2 ARBITRATIONLet’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against GameDevHQ.com, you agree to try to resolve the dispute informally by contacting legal@gamedevhq.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or GameDevHQ.com may bring a formal proceeding.

Except as set forth below in Section 11.3, any dispute arising out of or in connection with the Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND GAMEDEVHQ.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

10.3 ARBITRATION EXCEPTIONS. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in court: (a) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief; (b) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages); or (c) collect fees due pursuant to the Agreement. You and GameDevHQ.com agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in Atlanta, GA. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

11. General

The Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and GameDevHQ.com have executed a separate agreement governing your use of the Software and/or Developer Services, in which case such separate agreement(s) will control in relation to the relevant Software and/or Developer Services. The English language version of the Agreement is legally binding in case of any inconsistencies between the English version and any translations. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of the Agreement are hereby rejected by GameDevHQ.com and will be deemed null. You may not assign or transfer the Agreement or any rights granted hereunder, by operation of law or otherwise, without GameDevHQ.com's prior written consent. Any attempt by you to do so, without such consent, will be void. GameDEvHQ.com may assign or transfer the Agreement, at its sole discretion, without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise. GameDevHQ.com will deliver all notices, approvals or other communications required or permitted under the Agreement, including those regarding modifications to the Agreement: (a) via e-mail (in each case to the address that you provide); or (ii) by posting to the Site, the Service Panel or your GameDevHQ.com Account. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of the Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of the Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of the Agreement is held to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.

Contacting GameDevHQ.com

You may contact legal@gamedevhq.com with questions