1. Acceptance of the ToS
Welcome to Game Devs (TM). Use of and access to Game Devs website, information, materials, products, chat systems, resources, and anything else at Game Devs ("Game Devs content") are subject to the terms and conditions laid out in this document or future revisions of this document, heretofore called the ToS. Please read the ToS carefully, INCLUDING THE BINDING ARBITRATION PROVISION, before using Game Devs. Usage of Game Devs constitutes a binding agreement between you and Game Devs to abide by the ToS. If you do not agree to the ToS, please do not use Game Devs. Game Devs reserves the right to update the ToS at anytime without prior notice. It is your obligation to review the ToS with each usage of Game Devs in order to remain informed of the current terms. Any use of Game Devs after such notice shall constitute acceptance of such changes, modifications or additions to the ToS.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EVERY SINGLE PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. Proper Use
Game Devs hereby grants, and by using Game Devs you thereby accept, a limited license to browse Game Devs's website. You may use Game Devs only for lawful purposes and in accordance with the ToS. You agree not to use Game Devs:
Game Devs is available only to individuals eighteen (18) years of age and older. Children between the ages of thirteen (13) and eighteen (18) years of age may have their parent or guardian complete the registration process, in which case the parent or guardian will take full responsibility under this license.
Game Devs reserves the right to modify, suspend, or discontinue your usage or services without notice at any time, for any reason, and without any liability or explanation.
If you wish to purchase any product or service of Game Devs ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Some services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Game Devs cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Game Devs's customer support team. A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Game Devs with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Game Devs to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Game Devs will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Game Devs may, at its sole discretion, offer a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for a Free Trial. If you do enter your billing information when signing up for Free Trial, you will not be charged by Game Devs until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Game Devs reserves the right to (i) modify ToS of Free Trial offer, or (ii) cancel such Free Trial offer.
Game Devs, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Game Devs will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Game Devs may contain user-generated content. As such, user-generated content submitted to Game Devs cannot be considered as representing Game Devs. Game Devs does not endorse, support, represent, or guarantee the truthfulness or reliability of content on Game Devs. By using Game Devs, you acknowledge that any reliance or acceptance of the content is at your own risk and discretion.
Improper content on the site does not constitute any consent or acceptance of such content by Game Devs. Game Devs reserves the right, but is under no obligation, to monitor content for improper use. Game Devs does not actively monitor content, does not publish content, and does not lay claim to content.
By transmitting content to Game Devs, you take full responsibility for the ramifications of such content. You acknowledge that the content is your own to post and your own responsibility, with all legal implications thereof. You understand that Game Devs may be legally required to provide information about your account to the government or third parties.
Game Devs is under no obligation to actively or passively monitor content for improper use. Content submitted to Game Devs must not be inappropriate, libel, slander, racist, offensive, untrue, or anything else deemed improper at the sole discretion of Game Devs. Game Devs will not be responsible or liable for exercising or failing to exercise discretion. You acknowledge that content on Consider Game Devs may be removed at any time, for any reason, without warning, consent, or explanation.
5. Intellectual Property Rights
Game Devs owns the intellectual property rights up to, but not necessarily including, all design, development, code, ideas relating to the site, products and services, trademarks, and logos. This includes the trademark Game Devs.
You, or an appropriate third party, retain the rights and powers to any and all concepts, ideas, and opinions posted by you on Game Devs. With great power comes great responsibility; you, not Game Devs, are responsible for your own content. Game Devs makes no claim to verify, support, or even acknowledge content posted online. By submitting content through Game Devs, you grant Game Devs a permanent, worldwide, non-exclusive, royalty-free license to reproduce such content for the purpose of displaying or utilizing the content or for the purpose of making people aware of, advertising, or promoting Game Devs.
You hereby represent and warrant that you have the power and authority to grant such an agreement to Game Devs, either because you own the intellectual property to such content, represent the person or organization who does, or acknowledge that the content is in the public domain or under a sufficiently public license (such as a Creative Commons license). In the latter case, Game Devs is not party to any such licensing agreement; such agreement is between the the respective licenser and you.
6. No Resale of Service
Game Devs content may not be sold or offered for sale or resale, in whole or in part. You may not act as a third-party disseminator of Game Devs content if: access to such content is for sale, requires subscription, or does not properly acknowledge Game Devs as the source. Proper acknowledgment includes a well-formed HTML link tag, if the medium makes such inclusion possible. You may not knowingly give content, sell content, or encourage or aid an improper third-party disseminator of content.
7. Representations and Warranties
You hereby represent and warrant that your user information is truthful, accurate, and up-to-date. You further acknowledge that you will not impersonate, either actively or passively, someone else. Passive impersonation includes remaining silent or failing to answer inquiries. You further acknowledge that you have the necessary power and authority to enter into this agreement.
8. Disclaimer and Limitation of Liability
You acknowledge that use of Game Devs is at your own risk. Game Devs is provided on an "as is" basis without any warranties, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Game Devs does not claim to represent the opinions or content provided by its users and cannot be held liable in connection with any posting, content, image, or implication provided by its users. Game Devs does not monitor content. You acknowledge that Game Devs is not liable for damages, harm or defamatory, offensive, or illegal content posted by its users.
9. Termination and Suspension of Services
Game Devs reserves the right to terminate or suspend your account at any time, for any reason, in its sole discretion, and without providing any explanation or notice. This may include deletion or altering of content or user information. Termination or suspension of any account does not constitute monitoring on the part of Game Devs. Game Devs explicitly does not monitor content but may respond to inquiries which require actions such as termination or suspension. If terminated or suspended, you consent to simply move on and not hold Game Devs liable for any harm or damages.
10. Agreement to Arbitrate All Disputes and Legal Claims
You and Game Devs agree that any legal disputes or claims arising out of or related to this agreement (including but not limited to the use of the Services, or the interpretation, enforceability, revocability, or validity of this agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which this agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and Game Devs. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Game Devs agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND CONSIDER CRYONICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
11. Unsolicited Idea Submission Policy
Game Devs and its agents do not accept or consider unsolicited materials about the service, website, content, and products, including but not limited to feedback, comments, suggestions, ideas, concepts, plans, notes, drawings, original or creative materials, or other information. Please do not send any submissions to Game Devs or its agents. If you fail to follow this instruction and do send submissions, we will not treat your submissions as confidential nor proprietary. In the case of such submissions that Game Devs accepts inadvertently or contrary to the above policy, you hereby grant Game Devs a permanent, worldwide, non-exclusive, royalty-free and fully sublicensable license to use in any way, or create derivative works with the submissions, without giving you acknowledgement or compensation.
Your views, opinions, and ideas as expressed on Game Devs are your own. You agree to indemnify Game Devs and its employees, partners or employees of partners, from any liabilities or harms relating to such content. This agreement indemnifies Game Devs from any damages or liabilities. Actions taken or threatened against Game Devs, by you or a third party acting by cause of you, possibly with or against you, may result in processing or lawyer fees. You agree to pay any such fees incurred by Game Devs in such an instance.
14. Entire Agreement
This ToS constitutes the entire service agreement between you and Game Devs, superseding any other agreements or contracts such as a prior ToS. You may however be subject to further agreements or terms for further products or services not covered by this ToS.
15. Statute of Limitations
You agree that any legal claim, benefit, notice, or cause of action arising or related to the use of Game Devs must be filed within one (1) year after the first occurrence of a relevant action relating to the claim, benefit, notice, or cause of action. You further agree that if you do not file such claim, benefit, notice, or cause of action within one (1) year of such occurrence, you shall be thereafter barred from making such claim, benefit, notice, or cause of action, regardless of any statute or law to the contrary. You consent to provide Game Devs with due notice of at least two (2) weeks before filing any such claim, benefit, notice, or cause of action. You agree that failure to provide proper notice will disqualify you from receiving any benefits or awards, or from proceeding with such claims.
You agree that any difference of understanding will be resolved under the jurisdiction of Santa Clara County, in the state of California, United States, or a jurisdiction to be decided by Game Devs at the time of filing, regardless of your place of residence or operation. Any legal claims, filings, proceedings or litigation arising in connection with this ToS will be brought solely in either Santa Clara County or the jurisdiction decided upon by Game Devs at the time of filing, and you consent to the jurisdiction of such courts.
17. Waiver and Severability
No waiver by Game Devs of any term or condition set forth in ToS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Game Devs to assert a right or provision under ToS shall not constitute a waiver of such right or provision.
If any provision of ToS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of ToS will continue in full force and effect.
18. Copyright Infringement and Compliance with the Digital Millennium Copyright Act
Game Devs will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that a copyright has been infringed on Game Devs, please contact us through the information provided on the Game Devs website. If you wish to respond to a claim of infringement, please contact us through the information provided on the Game Devs website.