May 8, 2023

 

Effective Date of these Terms: 8 May 2023

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE (“TERMS”) CAREFULLY. BY USING OR VISITING THE GAME DESIGNER PRO WEBSITE OR ANY GAME DESIGNER PRO SERVICES, SOFTWARE OR CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE TERMS OF THE GAME DESIGNER PRO PRIVACY POLICY (“PRIVACY POLICY”) WHEN ACCESSING THE WEB SITE LOCATED AT THE URL: HTTPS://GAMEDESIGNERPRO.COM (“SITE”) AND/OR USING ANY SERVICES, SOFTWARE OR CONTENT OFFERED BY GAME DESIGNER PRO, LLC. (“GAME DESIGNER PRO” OR “WE” OR “OUR” OR “US”) THROUGH THE SITE (COLLECTIVELY, THE “SERVICES”). 

 

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.

 

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR THE TERMS OF THE PRIVACY POLICY, AND EACH AS AMENDED FROM TIME TO TIME, YOU ARE PROHIBITED FROM AND INFORMED NOT TO USE OR ACCESS THIS SITE NOR TO PURCHASE ANY OF THE PRODUCTS MADE AVAILABLE TO THE PUBLIC BY GAME DESIGNER PRO AND ITS RELATED ENTITIES. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

 

Your privacy is important to us. Please review the terms of our Privacy Policy. In order to use the Services you will need to provide certain personally identifiable information to us. We will collect, store and use such information in accordance with the terms of our Privacy Policy as amended from time to time.

 

1. Changes to the Site, Services and Terms

 

Game Designer Pro may, in its sole discretion, add, change, modify, discontinue, remove, or suspend any portion or feature of the Site or Services, including, without limitation, the Software and Content (each as defined below), temporarily or permanently, at any time, without notice and without liability to you. Such additions, changes or modifications may change or delete the nature of features or other aspects of the Site, Services, Software or Content, including features that you may rely upon. You hereby agree that such activities may occur at Game Designer Pro’s sole discretion and that Game Designer Pro may condition continued use of the Site and Services upon your complete acceptance of such additions, changes or modifications. 

 

In addition, we may make changes to these Terms or the Privacy Policy at any time. The most current version of these Terms will supersede all previous versions. Although we may attempt to notify you when major changes are made to the Terms, your acceptance of the revised Terms or Privacy Policy, if prompted to do so, or your continued use of the Site and Services means that you agree to the revised Terms or Privacy Policy, even if you have not reviewed the changes. If you do not agree to the revised Terms or Privacy Policy, your sole and exclusive remedy is to terminate your registration to use the Services immediately and to discontinue your use of the Site and Services.

 

2. Requirements for Use of the Site and Services

CHILDREN UNDER 13

 

For Personal Accounts on gamedesignerpro.com

 

To ensure compliance with The Children’s Online Privacy and Protection Act (“COPPA”) regulations, Game Designer Pro recognizes the privacy interests of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. Game Designer Pro’s services and the Site are not intended for children under the age of 13 without the consent of a parent or legal guardian. Game Designer Pro endeavors not to collect any personally identifiable information from children under the age of 13. Game Designer Pro designs its services and this Site to adults and not individuals under the age of 18. Personal Account Holders may utilize the service. Users under the age of 18 may do so only with the involvement of a parent or legal guardian.

 

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf, as we described earlier, and also to agree to these Terms and their own behalf). This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

 

Children Under 18

 

If you are 13 years of age or older, but not yet 18 years of age, you may only use the Site and Services with the consent of your parent or legal guardian. You should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand the Terms. Your parent and legal guardian hereby agrees to assume full responsibility and liability for your acts and omissions in connection with your use of the Site and Services.

 

Compatible Devices and Access

 

Use of the Site and Services requires compatible devices, Internet access, and certain software (fees may apply), which may require periodic updates, and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that these requirements and recommendations, which may change from time to time, are your responsibility.

 

3. Fee-Based Services

The Services are made available once a fee is provided to Game Designer Pro. Once provided users can use such services (“Fee-Based Services”). These Terms apply to the Fee-Based Services.

 

4. User Account

A user account (“Account”) is required to access and use the Services. To create an Account, you must have an e-mail address. You represent and warrant that: (i) you will provide truthful, accurate, current, and complete Account registration information; (ii) you will promptly update such information if it changes to keep it accurate and complete; (iii) you are 13 years of age or older; and (iv) your use of the Site and Services does not violate any applicable law, rule or regulation. You hereby authorize Game Designer Pro, either directly or through third parties, to make any inquiries we consider necessary to validate your Account registration data. You agree that you will not misrepresent yourself, or represent yourself as another user of the Site or the Services. Some Services may require you to create a “user name” and/or a “persona”. You may not use a user name or persona that is used by someone else or that is vulgar or offensive or that otherwise violates these Terms. You are solely responsible for maintaining the confidentiality and security of your user name, persona and Account information, and for all activity occurring under your Account as a result of your failure to keep such information secure and confidential. Game Designer Pro will not be responsible for any losses arising out of the unauthorized use of your Account. You may not allow any third party to use your Account for any purpose. You must notify Game Designer Pro promptly in the event of any unauthorized use of your Account, user name or persona, or any other security breach. Game Designer Pro has no liability to you or any third party for any loss or damage arising from your failure to comply with your obligations specified in this section. You agree that Game Designer Pro may store and use the registration data you provide for use in maintaining your Account.

 

5. Fees

You must have an Account to use the Services. To access and use the Fee-Based Services, you must pay Game Designer Pro’s then-current applicable fees for the Fee-Based Service you are purchasing (e.g. a one-time fee). Payments will be charged to your Account on the date on which the relevant Fee-Based Service is first made available to you (“Activation Date”). Except as expressly stated by Game Designer Pro in these Terms, all fees paid or owed by you are non-refundable.

 

You agree to pay all fees charged to your Account based on Game Designer Pro’s fees, charges, and billing terms then in effect as shown on the payment page of the Site. All payments to your Account must be made from a source for which you are the named account holder. Game Designer Pro is not liable for any loss caused by any unauthorized use of your PayPal account, or any other method of payment by a third party in connection with your use of the Site or Services, or the use of your Account. Game Designer Pro reserves the right to change its fees and billing methods at any time; any changes to the fees or billing methods will be posted on the Site or through the Services. Your continued use of the Services after the changes have taken effect means that you accept such changes. You are responsible for paying any taxes that may apply, or relate to, your use of the Services (including, without limitation, any income or other taxes payable by you if you sell Executable Packages developed using the Services), in addition to the fees or other applicable charges due under these Terms.

 

6. Monetization Tools

Game Designer Pro offers you various methods to generate advertising revenue through your Applications (as defined in Section 8 below) (“Monetization Tools”). If you are a user of our Fee-Based Services, you will have the option to utilize one or more Monetization Tools. The Monetization Tools may be provided by Game Designer Pro or through third party vendors (“Monetization Vendors”). Whether your use of the Monetization Tools is automatic or optional, you may be required to agree to terms and conditions of the applicable Monetization Vendor(s) (“Monetization Vendor Terms”). Notwithstanding anything to the contrary in the Monetization Vendor Terms, by utilizing the Monetization Tools, you agree that:

 

•       Game Designer Pro or the applicable Monetization Vendor may place unique tags within your application in order to deliver advertisements or other promotions (“Ads”) through your application.
•       You will not attempt in any way to circumvent or interfere with the serving of Ads through your application.
•       You may not, directly or indirectly, or allow any person or company to directly or indirectly, engage in or enable the use of any deceptive means, incentives, computerized, fraudulent or other invalid means to increase the number of users, impressions, page views, click-throughs or any other measure of traffic on or in connection with an Ad embedded within your application. The foregoing restrictions include, as an example, any action by you to offer to any third person or end user of your application any inducement to click on any Ads.

 

GAME DESIGNER PRO MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE MONETIZATION TOOLS, THE SERVICES PROVIDED BY MONETIZATION PARTNERS, THE SUCCESS OF SUCH SERVICES, AS MEASURED IN ANY WAY, ANY CONTENT PROVIDED BY AN ADVERTISER (INCLUDING THE QUALITY OR CONTENT THEREOF), ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE MONETIZATION TOOLS, THE ADVERTISEMENTS, SITES LINKED THERETO OR THEREFROM OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. GAME DESIGNER PRO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES RELATING TO THE MONETIZATION TOOLS, INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE CONTENT, PRODUCTS OR SERVICES ADVERTISED, OR SITES LINKED THERETO OR THEREFROM; AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MONETIZATION TOOLS.

 

7. Ownership of Content and Software

Game Designer Pro and/or its third party licensors owns all right, title and interest in and to: (i) the information, features, applications, text, content, files, advertising, graphics, images, photos, videos and video clips, screenshots, art work, icons, audio, sounds, musical works, copyrighted text, works of authorship, descriptions, user and visual interfaces, widgets, third party user Submissions and Feedback (each as defined below), and other materials or information provided on and through the Site and Services (collectively, the “Content”); and (ii) the design, appearance, structure, selection, coordination, expression, look and feel, and arrangement of the Site, Services, Software and Content; and (iii) the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on, or in, the Site, Services, Software and Content. Notwithstanding the foregoing, your Submissions (including, without limitation, to the extent your Submissions are embodied in an Executable Package) and Feedback are not “Content” or “Software” for purposes of these Terms. You agree: (1) to use the Site, Services, Software and Content solely as expressly permitted by these Terms or as otherwise expressly permitted by Game Designer Pro, and at all times in accordance with all applicable laws, rules and regulations; and (2) that your unauthorized use of the Site, Services, Software or Content may violate copyright, trademark, trade secret or patent laws, or various other intellectual property rights of Game Designer Pro or third parties, unfair competition laws, the laws of privacy and publicity, and civil and criminal statutes.

 

8. License Grant From Game Designer Pro for Services

To the extent that you use the Services, and subject to your compliance with these Terms, including, without limitation, your payment of all fees and other amounts due in connection with your use of the Fee-Based Services, and your execution of a EULA (as defined below) with each third party end user  to whom you sell or otherwise provide an application (as defined below), Game Designer Pro hereby grants you a  personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to: (i) publish, publicly display, publicly perform, market, sell and license each application solely for your personal or commercial use, and solely on the Site or as desktop games, or as games for mobile applications including, without limitation, Apple products, in each case for use by third party end users who license the right to play the game embodied in each application for their own personal use from you; (ii) publish, publicly display, publicly perform, market, sell and license each application solely for your personal or commercial use on other web sites as web-based games. “Application” means a game that can function independently of the chosen platform consisting of: (a) your Submission; and (b) the chosen engine in object code form only.

 

If any Services are subject to additional license or use terms, then those terms will apply in addition to these Terms and such additional terms, if any, will be notified to you if and when you elect to purchase or download such Services. If any Services are for third party software, content and/or other copyrighted material (“Third Party Content”), then your use of such Third Party Content is governed by the acknowledgements, licensing terms and disclaimers for such Third Party Content.

 

For clarity, “personal or commercial use” means that you, as an individual and/or on behalf of any person or entity other than yourself in your personal capacity (e.g., on behalf of an employer, or as a game developer or contractor), may publish, publicly display, publicly perform, market, and sell each application to third party end users for a fee or free of charge. Any fees you charge are earned solely by you in your personal capacity as an individual or by your employer.

 

As a condition to being permitted to use the Services, you will ensure that you execute a binding written End User License Agreement (“EULA”) with each third party end user to whom you sell or otherwise provide an application. You will enforce each such EULA with at least the same degree of diligence that a reasonable software company would use to enforce similar agreements for its own non-open source software products that it sells and distributes. 

 

Without limiting any other rights or remedies of Game Designer Pro the limited license and the rights granted above will terminate automatically, without notice to you, if you breach, or threaten to breach any of the terms or conditions of these Terms.

 

9. Prohibitions

Except to the extent expressly permitted in these Terms, you may not: (i) copy, modify, adapt, translate, reverse engineer, reverse compile, decompile, disassemble, or attempt to discover the source code of any Software or Content (including any Submission) made available on or in connection with the Site, Services or Content, or make any derivative works of such Software; (ii) use any code, software, method or product to manipulate the Site, Services, Software or Content in any way that affects any user’s experience in using, or ability to use, same; (iii) reproduce, publish, broadcast, transmit, download, cache, distribute, perform, display, sell, or in any way exploit any Software or Content; or (iv) remove any patent, copyright, trademark or other proprietary notices contained in any Software or Content. 

 

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers” that accesses the Site in a manner that sends more request messages to the Game Designer Pro servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Game Designer Pro grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Game Designer Pro reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Content or Submissions.

 

10. Reservation of Rights

Except for the limited licenses specified above, you acknowledge that you have no right, title or interest in or to the Site, Services, Software or Content. Game Designer Pro and its licensors retain all right, title and interest in and to the Site, Services, Software and Content, including, without limitation, all intellectual property and other proprietary rights embodied therein, or associated therewith. Nothing in these Terms will be deemed a sale of the Software. By making them available on the Site, or through the Services, Software or Content, Game Designer Pro is not granting you any license to use the domain names, trademarks, service marks, proprietary logos, and other distinctive brand features found on or in the Site, Services, Software or Content, unless otherwise expressly permitted by Game Designer Pro. All rights not expressly granted by Game Designer Pro in these Terms are hereby reserved by Game Designer Pro and its licensors. There are no implied rights.

 

You acknowledge and agree that Game Designer Pro may use the Software licensed to you hereunder to develop its own games and that Game Designer Pro reserves the right to independently develop and publish said games.

 

11. Links to Third Party Web Sites

The Site may provide links to other web sites that are not owned or operated by Game Designer Pro (“Third Party Web Sites”). Game Designer Pro provides these links to you as a convenience only, and Game Designer Pro does not verify, make any representations concerning, or take responsibility for, such Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Web Sites. You should use your own independent judgment before accessing and using such Third Party Web Sites. These Terms and the Privacy Policy do not apply to such Third-Party Web Sites, and you should review such Third Party Web Sites’ privacy policies, terms and conditions and business practices as they may be different to those of Game Designer Pro and it is your sole responsibility to comply with such terms. Your dealings and communications with any third party in connection with the Third Party Web Sites are solely between you and such third party. Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise, does not constitute or imply Game Designer Pro’s endorsement or recommendation thereof, and your use of any Third Party Web Sites and third party product, process, publication, or service is entirely at your own risk.

 

12. Your Submissions

AS BETWEEN YOU AND GAME DESIGNER PRO, YOU RETAIN OWNERSHIP OF ALL YOUR COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO, OR EMBODIED IN, YOUR SUBMISSIONS. You acknowledge and agree that you are solely responsible for the games, content, code, text, files, images, photos, screen shots, artwork, icons, videos, sounds, musical works, works of authorship, copyrighted text, descriptions, representations or any other materials or information that you submit, post or otherwise make available to Game Designer Pro for review, including, without limitation, games that you have developed and post on the Site using the Services, and games consisting of an application that you market, distribute, sell and license using the Services (each, a “Submission”), and that you, and not Game Designer Pro, are solely and exclusively responsible for each such Submission, including, without limitation, ensuring that you have the legal right to post, provide, license, market, sell, or otherwise use, each Submission, and that such Submission does not violate these Terms, or the property or other rights of any third party. The term “Submission” does not include any other Software or Content.

 

You represent and warrant that each Submission is your own original creation, and/or that you have, or have obtained, all necessary permissions, rights, licenses, consents, and clearances. To the extent you hold any rights that conflict with the rights you have granted as set forth in these Terms, you hereby waive, and agree not to assert, any moral or similar rights you may have, and which apply to your Submissions or Feedback which Game Designer Pro uses within the scope of the licenses granted by you under these Terms.

 

13. Your Feedback and Support Requests

Certain areas of the Site and Services (e.g., blogs, online forums, chat rooms, games, and message boards) may permit you to provide feedback, comments, suggestions, ideas, messages, or similar information (collectively, “Feedback”). Feedback does not include any Submissions provided by you, and Game Designer Pro’s rights to use Submissions provided by you, are solely as stated above. By submitting Feedback, and as a condition of using the Site and Services, you hereby grant Game Designer Pro an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide, license (sublicensable through multiple tiers) to: (i) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Feedback (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (ii) use (and permit others to use) your Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that Game Designer Pro deems appropriate in its sole discretion (including, without limitation, to incorporate your Feedback (or any modification thereto), in whole or in part, into any technology, product or service). Game Designer Pro reserves the right to display advertisements in connection with Feedback and to use Feedback for advertising and promotional purposes. You acknowledge and agree that any Feedback provided by you is provided on a non-confidential basis. Feedback will generally be accessible by other users of the Site and Services, so be sure that any Feedback you post on any area of the Site or Services is information that you are comfortable sharing with others.

 

Requests for technical support should be addressed to customer support at [email protected] for general support issues, errors or bugs you want to report to Game Designer Pro.

 

14. License Grant From You For Services

AS BETWEEN YOU AND GAME DESIGNER PRO, YOU RETAIN OWNERSHIP OF ALL YOUR COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO, OR EMBODIED IN, YOUR SUBMISSIONS. You hereby grant Game Designer Pro an irrevocable, perpetual, non-exclusive, worldwide, fully paid-up, royalty-free, transferable, sublicensable (with the right to sublicense through multiple tiers) license (in any media, whether now known or hereafter developed) to reproduce, create derivative works from, distribute, publicly perform, publicly display, modify, adapt, enhance, and otherwise use, the Submissions that you provide to Game Designer Pro, solely for purposes of: (i) marketing and promoting the Site and Services; and (ii) hosting, providing, maintaining, adapting, enhancing, modifying and otherwise improving the Site, Services and Software. EXCEPT TO THE EXTENT YOU REQUEST GAME DESIGNER PRO TO SELL YOUR SUBMISSIONS ON YOUR BEHALF PURSUANT TO PUBLISHING SERVICES THAT GAME DESIGNER PRO MAY OFFER UNDER SEPARATE TERMS OF SERVICE, GAME DESIGNER PRO WILL NOT SELL YOUR SUBMISSIONS TO ANY THIRD PARTY. Game Designer Pro is not required to provide: (a) any attribution to you in connection with your Submissions, except to the extent you request attribution as set forth below; (b) any prior notice to you of any use of your Submissions for the purposes specified in clauses (i) or (ii) of this section. 

 

You hereby acknowledge that the EULA for each of your Submissions is solely between you and the end user, and neither Game Designer Pro nor its distributors or agents will be responsible for, and/or have any liability whatsoever under, any EULA or any breach by you or any end user of any of the terms and conditions of any EULA.

 

15. Attribution

If you opt to require attribution, you hereby grant Game Designer Pro an irrevocable, perpetual, non-exclusive, worldwide, fully paid-up, royalty-free, transferable, sublicensable (with the right to sublicense through multiple tiers) license (in any media, whether now known or hereafter developed) to use your name, user name and/or persona for the purposes of attributing you as the source of the Submission in connection with Game Designer Pro exercising the rights granted by you above in connection with your Submission. If you select no option at the time you post your Submission, the default option will be that no attribution of any kind is required to be displayed with your Submission, and your Submission will not be shared with other users of the Site and Services. You represent and warrant that the use of your name, user name and/or persona in connection with your Submissions will not violate the right of any third party, including, without limitation, the right of privacy or publicity of any third party. You hereby waive all rights, and release and discharge Game Designer Pro and its agents from, and will neither sue nor bring any proceeding against Game Designer Pro or any third party for any claims, losses, demands, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, at law or in equity, whether for libel, violation of the right of privacy or right of publicity, infringement of copyright or other intellectual property or other proprietary right, or any other claim that you may now have, or may hereafter have, by reason of Game Designer Pro’s use of your name, user name and/or persona in connection with your Submissions.

 

16. Submission Rating and Content Restrictions

You represent and warrant that your Submission will not contain, or contain links to, content which is unlawful, libelous, pornographic, offensive, defamatory, contrary to public policy, Game Designer Pro’s stated policies, or otherwise violates any law or any right of any third party (including intellectual property rights, publicity rights, privacy rights, or other legally recognized rights).

 

You agree that you will not upload, post, submit or otherwise make available on the Site or through the Services any Submissions or Feedback protected by copyright, trademark, patent, trade secret, or any other intellectual property or other proprietary right without the express prior permission of the legal owner of such right, and the burden of determining whether any material is protected by, or infringes, misappropriates or violates, any such right is your sole and exclusive responsibility. As between you and Game Designer Pro and the other Indemnified Parties (as defined below), you will be solely liable for any claims, losses, or damage resulting from any such infringement, misappropriation or violation of such rights, or any other harm resulting from any Submissions or Feedback that you provide.

 

You represent and warrant that: (i) you have the right to enter into this Agreement; (ii) you own all Submissions and Feedback provided by you on or through the Site or Services or you otherwise have the legal right to grant the licenses to Game Designer Pro as set forth in these Terms; (iii) you have the right to reproduce and distribute each of the Submissions; (iv) none of the Submissions or Feedback, or Game Designer Pro’s or end users’ permitted uses of those Submissions and Feedback, violate or infringe, or will violate or infringe, any patent, copyright, trademark, trade secret, privacy, or publicity rights, or other intellectual property, proprietary or contractual rights, of any other person, firm, corporation or other entity; and (v) all information you provided to Game Designer Pro in your Account, including any information relating to the Submissions, is accurate and that, if any such information ceases to be accurate, you will promptly update it to be accurate.

 

If you submit an application to Apple, Inc. (“Apple”) or any third party web site or product provider, Game Designer Pro is not responsible, and has no liability to you, if Apple or any third party web site or product provider rejects, fails to approve, and/or fails to make any game embodied in such application available for use on or with the relevant Apple or third party web site or product. Furthermore, you acknowledge and agree that your interactions and dealings with any third party in connection with your use of the Site and/or Services (including, without limitation, Apple, other web site and product providers, and other users of the Site and Services) are solely between you and such third party. Game Designer Pro is not responsible for any loss or damage of any sort incurred by you, or any third party, as a result of any third party rejection, act, omission, failure, interaction or dealing, and Game Designer Pro has no obligation to become involved in any resulting dispute.

 

17. Rules of Conduct

Game Designer Pro requires that you respect the Game Designer Pro online community, including other individuals who use the Site and Services. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting and providing Submissions and Feedback to, or otherwise using, the Site and Services, you agree not to do any of the following:

 

(i) post or provide Submissions, Feedback or any other content that is false, harmful or illegal;

 

(ii) harass, threaten, abuse, stalk, troll or flame other users of the Site or Services or any other person;

 

(iii) post or provide Submissions, Feedback or any other content that is racially or ethnically offensive, vulgar, obscene, pornographic, sexually explicit, disparaging, defamatory, tortious, libelous, infringing or that otherwise violates the legal rights of others (including, without limitation, the intellectual property rights, privacy or publicity rights of third parties);

 

(iv) impersonate another person or attempt to mislead users by indicating that you represent Game Designer Pro;

 

(v) attempt to illicitly obtain a password, account information, or other private information from anyone else who uses the Services; 

 

(vi) collect user names, personas, street addresses, e-mail addresses, or other personal information from, or of, other users of the Services for any purpose other than your personal use in your interactions on the Site, and at all times with the permission of the relevant users; 

 

(vii) provide or upload files or other content that contain a virus, corrupted data, Trojan horses or other harmful, disruptive or destructive files, or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site or the Services; 

 

(viii) post or disseminate any unsolicited or unauthorized advertising or promotional messaging, junk mail, chain letters, pyramid schemes, or other commercial activities (except when and where such commercial activities are expressly authorized by Game Designer Pro); 

 

(ix) reveal any other Services user’s real-world personal information, including, without limitation, such user’s first and last name, telephone number or street address; or 

 

(x) post any materials that are subject to third party rights, including without limitation, third party copyright, trademark, patent, trade secret, or other intellectual property rights without the express prior permission from the legal owner of such rights. 

 

This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions. Without limiting the rights and remedies available to it, Game Designer Pro reserves the right in its sole discretion, to: (a) suspend or terminate access to your Account, the Site and/or the Services or your ability to post to the Site or the Services; and (b) refuse, delete, remove, move or edit the content, in whole or in part, of any Submissions or Feedback provided by you; with or without cause, and with or without notice, for any reason or no reason, and to take any other action that Game Designer Pro determines in its sole discretion is necessary as a result of any behavior by you that is illegal, inappropriate, disruptive to the Site, Services, or to any other user of the Site or the Services, or which otherwise breaches these Terms. Game Designer Pro may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or otherwise in Game Designer Pro’s sole discretion, Game Designer Pro will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted using the Site and/or the Services. Game Designer Pro does not, and cannot, review all Feedback posted to the Site or through the Services, or review every Submission for compliance with these Terms. These prohibitions do not require Game Designer Pro to monitor, police, remove or reject any Submissions, Feedback or other information submitted by you or any other user.

 

18. Electronic Communications

By using the Site and Services, you consent to receive electronic communications from Game Designer Pro, its parents, affiliates, subsidiaries and third party service providers. These electronic communications may include notices about applicable fees and other charges, transactional information and other information concerning the Site and Services. These electronic communications are part of your relationship with Game Designer Pro and you receive them as a condition to you being permitted to use the Site and Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

19. Termination of Services and Your Account

Game Designer Pro reserves the right to do any of the following, at any time, without notice: (i) modify, interrupt, suspend or terminate operation of or access to the Site and/or Services, or any portion of the Site and/or Services, for any reason; and (ii) terminate your Account, and block your future access to the Site and Services, for any reason at any time, including, without limitation, because of your violation or threatened violation of these Terms, the Privacy Policy, or any other applicable Game Designer Pro terms or policies that apply to your use of the Site or Services, (e.g., sharing your Account information with a third party, illegal or improper use of your Account, the Services, Software, or any other products or services of Game Designer Pro, or your infringement, misappropriation or violation of Game Designer Pro’s or a third party’s intellectual property or other proprietary rights). You may lose your user name and/or persona as a result of Account termination. If you have more than one Account, Game Designer Pro may terminate all of your Accounts, user names and personas. Game Designer Pro may, but is not required to, provide you with notice before terminating your Account. If your Account is terminated for any reason, no refunds or credits of any Fee-Based Services fees, or other fees will be paid to you.

 

All of Game Designer Pro’s obligations hereunder, will terminate upon the expiration or termination of these Terms.

 

Game Designer Pro reserves the right to cease marketing, displaying, posting, publishing and distributing your Submissions at any time, with or without cause, by providing notice of termination to you. Without limiting the generality of this paragraph, you acknowledge that Game Designer Pro may cease the marketing, displaying, posting, publishing and distributing of some or all of the Submissions if Game Designer Pro reasonably believes that: (i) those Submissions are not authorized for export to one or more countries, in accordance with the Export Administration Regulations; (ii) those Submissions and/or Game Designer Pro’s publication of those Submissions and/or any end user’s possession and/or use of those Submissions, infringe patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or (iii) the publication, distribution, sale and/or use of those Submissions violates any applicable law in any country. An election by Game Designer Pro to cease marketing, displaying, posting, publishing and distributing any Submissions, pursuant to this paragraph, will not relieve you of your obligations under these Terms.

 

20. Refund Policy and Cancellation of Your Account

Game Designer Pro desires to make you happy, and if you are not satisfied or pleased with your purchase or results you may contact Game Designer Pro for a full refund within 30 days of purchase. While Game Designer Pro hopes it will not come to that, it will make it painless as possible. NOTE THAT ONLY PURCHASES DIRECTLY FROM GAME DESIGNER PRO qualify for this refund policy.

 

Our refund policy is clearly stated in all sales presentations and marketing materials. It is also clearly displayed on this page, which is linked to on all order forms for our products and services.

We make NO EXCEPTIONS to this policy.

If you email complaining about this and trying to get us to make an exception, your request will be denied.

 

You may stop using the Services at any time by ceasing to access the Site and Services. If you do not agree to the then-current version of these Terms or the Privacy Policy, your sole and exclusive remedy is not to use, or in the event of changes to these Terms or the Privacy Policy, to stop using, the Site and Services.

 

21. Consequences of Termination

Upon termination of your use of the Site and Services for any reason, you will have no recourse against Game Designer Pro, its parents, affiliates, and subsidiaries, and its and their officers, directors, employees, contractors, licensors, licensees, third party service providers, or agents, for your inability to use the Site and Services, and you must destroy any copies of Software or Content in your possession, including, without limitation, any Software or Content downloaded, or otherwise obtained by you, through the Site or Services. Game Designer Pro has no obligation to return any Submissions to you, or to provide you with any Software, technology, materials or services to enable you to re-use all or part of your Submission. Any obligations that apply to you under these Terms, which by their nature are intended to survive the termination of your use of the Site or Services, will continue to apply to you after you stop using the Site and Services. Without limiting the foregoing, your obligations to enforce the terms of your EULA with respect to end users to whom you sold or otherwise provided an application before the termination of your use of the Site and Services, will continue to apply until such end users no longer use the relevant application.

 

22. Digital Millennium Copyright Act

Game Designer Pro respects the intellectual property and other proprietary rights of others and has a policy of removing content that infringes third party copyrights and suspending and/or terminating the Account of any user who uses the Site or Services in violation of copyright law, and where appropriate, blocking such user’s access to the Site and Services. If you are a copyright owner, or an agent thereof, and believe that your work is the subject of copyright infringement and appears on our Site, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent (designated below) with the following information in writing: (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Game Designer Pro to locate such material; (iv) information reasonably sufficient to permit Game Designer Pro to contact you, such as an address, telephone number, and, if available, an e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or that you are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed. Game Designer Pro’s designated copyright agent to receive notifications of claimed infringement under the DMCA is:

 

Legal

Game Designer Pro, LLC.

PO Box 1602 

Pflugerville, TX 78691

E-mail: [email protected]

 

Only DMCA or other intellectual property rights-related notices should be sent to the copyright agent. Requests for technical support should be addressed to customer support at [email protected] for general support issues, errors or bugs you want to report to Game Designer Pro. Any feedback, comments, questions, or other communications should be directed to Game Designer Pro at the address specified at the end of these Terms.

 

 

23. Responsibility and Liability

Game Designer Pro will have no responsibility for the installation and/or use of any of the Submissions or Applications by any end user. You will be solely responsible for any and all product warranties, end user assistance and product support with respect to each of your Submissions and Applications.

 

You will be solely responsible for, and Game Designer Pro will have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Submissions and Applications and/or the publication and distribution of those Submissions and Applications and/or the use of those Submissions and Applications by any end user, including, without limitation: (i) claims of breach of warranty, whether specified in the EULA or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Submissions and Applications and/or publication and distribution of those Submissions and Applications  and/or the end user’s possession or use of those Submissions and Applications infringes the copyright or other intellectual property rights of any third party.

 

Game Designer Pro reserves the right to take steps which Game Designer Pro believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that Game Designer Pro has the right, without liability to you, to disclose any registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Game Designer Pro believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including without limitation Game Designer Pro’s right to cooperate with any legal process relating to your use of the Services or Site, and/or a third-party claim that your use of the Services or Site is unlawful or infringes such third party’s rights.

 

24. Warranty Disclaimer

GAME DESIGNER PRO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GAME DESIGNER PRO MAY REMOVE THE SERVICES OR SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES OR SITE AT ANY TIME, WITHOUT NOTICE TO YOU.

 

YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, SOFTWARE, AND CONTENT IS SOLELY AT YOUR OWN DISCRETION AND RISK. THE SITE, SERVICES, SOFTWARE AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. NEITHER THE SOFTWARE NOR CONTENT HAS BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY GAME DESIGNER PRO, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. GAME DESIGNER PRO, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, THIRD PARTY SERVICE PROVIDERS, AND AGENTS DO NOT WARRANT THAT THE SITE, SERVICES, SOFTWARE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UPDATED, OR THAT THE OPERATION OF THE SERVICES, SITE, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

 

GAME DESIGNER PRO, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, THIRD PARTY SERVICE PROVIDERS, AND AGENTS, MAKE NO, AND HEREBY EXPRESSLY DISCLAIM, ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY AND ALL OTHER REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICES, SOFTWARE AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR TRADE. GAME DESIGNER PRO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AS A RESULT OF USING THE SITE, SERVICES, SOFTWARE OR CONTENT.

 

GAME DESIGNER PRO DOES NOT HOLD ITSELF OUT AS A POST SECONDARY SCHOOL AND PROVIDES NO EDUCATIONAL STATE CREDITS NOR ANY STATE AUTHORIZED DEGREES OR CERTIFICATES THAT COULD BE USED FOR POST SECONDARY SCHOOL BENEFITS OR ALTERNATIVES OF ANY KIND. MOREOVER, THE SERVICES TRAINING AND PRODUCTS ARE NOT GUARANTEED TO MAKE YOU MONEY AND YOU CANNOT RELY TO THE CONTRARY. 

 

THE USES OF THE TERM ‘SCHOOL’ THROUGHOUT THE TRAINING COURSES SHALL MEAN MERELY A TRAINING SCHOOL PROGRAM AND NOT A ‘SECONDARY SCHOOL’.

 

Some jurisdictions may not allow the exclusion and/or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, Game Designer Pro’s warranties and conditions with respect to the Site, Services, Software and Content will be limited to the greatest extent permitted by applicable law in such jurisdiction.

 

25. Limitation of Liability

IN NO EVENT WILL GAME DESIGNER PRO’S, ITS PARENT’S, AFFILIATES’, AND SUBSIDIARIES’, AND ITS AND THEIR OFFICERS’, DIRECTORS’, EMPLOYEES’, CONTRACTORS’, LICENSORS’, LICENSEES’, THIRD PARTY SERVICE PROVIDERS’, AND AGENTS’ TOTAL, AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OR OTHERWISE RELATING TO THE SITE, SERVICES, SOFTWARE OR CONTENT, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE GREATER OF: (i) ANY AMOUNT THAT YOU PAID TO GAME DESIGNER PRO FOR THE SPECIFIC FEE-BASED SERVICE FROM WHICH THE CAUSE OF ACTION OR CLAIM AROSE IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY; OR (ii) TWO HUNDRED U.S. DOLLARS (US $200).

 

IN NO EVENT WILL GAME DESIGNER PRO, ITS PARENT, AFFILIATES, AND SUBSIDIARIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, THIRD PARTY SERVICE PROVIDERS, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM THE SITE, SERVICES, SOFTWARE OR CONTENT OR ANY OTHER THIRD PARTY SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE, OR YOUR DISPLAYING, COPYING, DOWNLOADING, PERFORMING OR USING ANY OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWSOEVER ARISING, EVEN IF GAME DESIGNER PRO KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

 

GAME DESIGNER PRO DOES NOT ENDORSE, WARRANT OR GUARANTEE, AND WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR, ANY THIRD PARTY GOODS, PRODUCTS, SERVICES OR CONTENT AVAILABLE THROUGH THE SITE, SERVICES, SOFTWARE OR CONTENT OR THIRD PARTY WEB SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES.

 

You agree that fees hereunder are based in part on the limitation of warranty, limitation of liability and remedies set forth in these Terms.

 

In no event shall Game Designer Probe liable for any damages (including , without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the training and materials on the Game Designer Pro websites/blogs/videos/conferences or the like including but not limited to the use of its training and products. 

 

Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, the liability of Game Designer Pro, its parent, affiliates, and subsidiaries, and its and their officers, directors, employees, contractors, licensors, licensees, third party service providers, and agents, for such damages with respect to the Site and Services will be limited to the greatest extent permitted by applicable law in such jurisdiction.

 

26. Indemnification

You hereby agree to defend, indemnify and hold harmless Game Designer Pro, its parent, affiliates, and subsidiaries, and its and their officers, directors, employees, contractors, licensors, licensees, third party service providers, and agents (each an “Indemnified Party”) from and against any and all claims, actions, proceedings, demands, losses, costs, damages, liabilities, and expenses (including, without limitation, fees of attorneys and experts and costs of defense) incurred by the Indemnified Party in connection with any actual or alleged claim arising out of or related to: (i) your use or misuse of the Site, Services, Software or Content, or the use or misuse of the Site, Services, Software or Content by any person using your Account, user name or persona; (ii) any breach by you of these Terms or any other terms applicable to your use of the Site, Services, Software or Content in any manner; (iii) any actual or alleged violation or non-compliance by you with any applicable local, state, federal or international law, rule or regulation, including, without limitation, the infringement, misappropriation or violation of the intellectual property rights or other proprietary rights, privacy rights, publicity rights, or any other rights of a third party; (iv) any interactions or dealings by you with other users of the Site and Services or any other third party in connection with your use of the Site and/or Services (including, without limitation, Apple and other web site and product providers); (v) any damage caused or alleged to have been caused by you to the Site, Service, Software or Content; and (vi) any use of the Submissions, Feedback or other materials you provide to Game Designer Pro in connection with your use of the Site and Services, or any Submissions or Feedback provided by any person using your Account, user name or persona.

 

Counsel you select for defense or settlement of a claim must be reasonably acceptable to Game Designer Pro and/or the other affected Indemnified Party(s) before such counsel can be engaged to represent you and Game Designer Pro and/or the other Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by the relevant Game Designer Pro and/or the other Indemnified Party(s) in the defense or settlement of any claim. Game Designer Pro and/or the other Indemnified Party(s) reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You agree that you will not, in any event, consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of Game Designer Pro or any other Indemnified Party(s) without the prior written consent of Game Designer Pro and/or the other affected Indemnified Party(s).

 

By using the Services and Site, you agree to indemnify and hold harmless Game Designer Pro, its parent, affiliates, and subsidiaries, and its and their officers, directors, employees, contractors, licensors, licensees, third party service providers, and agents with respect to any claims arising out of any action taken by Game Designer Pro as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. This means that you cannot sue or recover any damages from Game Designer Pro, its parent, affiliates, and subsidiaries, and its and their officers, directors, employees, contractors, licensors, licensees, third party service providers, and agents as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services or Site, or to take any other action during the investigation of a suspected violation or as a result of Game Designer Pro’s conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.

 

27. General Terms

Governing Law. The laws of the State of Texas, or where applicable the federal laws of the U.S.A., excluding conflicts of law rules, govern these Terms. Your use of the Services and Site may also be subject to other laws. Unless otherwise elected by Game Designer Pro in writing for a particular instance (which Game Designer Pro may do at its sole option), the state and federal courts seated in Austin, Texas, will have exclusive jurisdiction in respect of any and all matters relating to these Terms, including, without limitation, any claim arising from, or relating to, your use of the Site, Services, Software, Content, and your provision of Submissions and Feedback, and any claim involving Game Designer Pro, its parent, affiliates, and subsidiaries, and its and their officers, directors, employees, contractors, licensors, licensees, third party service providers, or agents, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts. You acknowledge that any actual or threatened breach of these Terms by you may result in immediate, irreparable harm to Game Designer Pro for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach or threatened breach, and notwithstanding the provisions of this paragraph, Game Designer Pro may seek injunctive or other equitable relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms or to any activities carried out by either party pursuant to these Terms. Furthermore, these Terms (including, without limitation, the use of the Site, Services, Software and Content) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.

 

Jury Trial Waiver. TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO HEREBY AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THESE TERMS. Any claim or cause of action arising under, or relating to, these Terms must be commenced by you within one (1) year after the claim or cause of action arises.

 

Local Laws; Export Control. Game Designer Pro controls and operates the Site from its headquarters in the United States of America and the Site, Services, Software, Content, Submissions and Feedback may not be appropriate or available for use in other locations. If you choose to access the Site or use the Services from outside the United States of America, you do so on your own initiative, and you are solely responsible for complying with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site and Services. Any offer for any services made on the Site or through the Services is void where prohibited. You agree to comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce and any other U.S. or foreign agencies and authorities in connection with your use of the Site and Services and to not transfer, or authorize the transfer, of any Software to a prohibited country or otherwise, in violation of any applicable laws, rules or regulations. In particular, but without limitation, the Software may not, in violation of any applicable laws, rules or regulations be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

 

U.S. Government Customers. Any Software provided by Game Designer Pro through the Site or Services is a “Commercial Item” as that term is defined in 48 C.F.R. Sec. 2.101, consisting of “Commercial Computer Software”  (as defined in 48 C.F.R. Sec. 2.101) and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Sec. 12.212 or 48 C.F.R. Sec. 227.7202, as applicable. Consistent with 48 C.F.R.  Sec. 12.211 and 12.212, and 48 C.F.R. Sec. 227.7202-1 through Sec. 227.7202-4, as applicable, Software is being provided to U.S. Government Customers: (i) only as a Commercial Item; and (ii) with only those license rights as are granted to all other users pursuant to the terms and conditions of these Terms.  This U.S. Government Customers clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or computer software documentation.   

 

Assignment. Game Designer Pro may freely assign these Terms or any of its rights or obligations hereunder to any third party. Neither these Terms nor any obligations or rights hereunder may be assigned, delegated, or otherwise transferred by you without Game Designer Pro’s prior written consent, which consent may be withheld in Game Designer Pro’s sole discretion. Any attempted assignment in violation of this provision will be void. Subject to the foregoing, these Terms will inure to the benefit of the parties’ permitted successors and assigns.

 

Third Party Beneficiaries. These Terms will not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party will be deemed to be a third party beneficiary for purposes of these Terms. Therefore, each Indemnified Party will be entitled to directly enforce and rely upon any provision(s) of these Terms that confers a right or remedy in favor of such Indemnified Party.

 

Severability. If any part of these Terms is held invalid or unenforceable, that portion will be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of these Terms, and the remaining portions of the Terms will remain in full force and effect.

 

Waiver. Any waiver by Game Designer Pro of any right or provision of these Terms must in a writing signed by Game Designer Pro. The failure of Game Designer Pro to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against you or Game Designer Pro.

 

Relationship of Parties. It is understood by you that you are a Customer or Licensee only.  Game Designer Pro will not provide any fringe benefits, insurance, vacation or otherwise upon your becoming a member. Any and all of your family, staff employees and associates shall be bound to the same terms as you under this agreement.

 

Force Majeure. Game Designer Pro will have no liability to you or any third party for any failure by Game Designer Pro to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of Game Designer Pro, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, failure or delay in transportation, civil commotion or other event of force majeure.

 

Entire Agreement. These Terms, any additional terms and conditions posted on the Site, and the Privacy Policy, together constitute the entire agreement between you and Game Designer Pro with respect to the Site, Services, Software and Content (excluding any Services or Software that Game Designer Pro may provide to you under a separate written agreement), and supersede, cancel and replace any and all other oral or written negotiations, discussions or agreements between you and Game Designer Pro in respect of the Site, Services, Software and Content. No Game Designer Pro employee or agent has the authority to vary these Terms. Game Designer Pro may notify you with respect to the Services and Site by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Services or Site. Notices will become effective immediately.

 

Trademarks. Game Designer Pro, the Game Designer Pro logo, and other Game Designer Pro trademarks, service marks, graphics, and logos used in connection with the Site and Services are trademarks or registered trademarks of Game Designer Pro, LLC. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

 

Questions. If you have any questions concerning these Terms, you may contact us by writing to the address below. However, as you are aware, Internet transmissions are never completely private or secure, and you should understand that any communication or other information you send to us may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Also, sending a message to Game Designer Pro does not create any special relationship between us, or cause us to have any special responsibility to you. We cannot, and do not, commit to respond to all questions or communications that we receive.

 

Game Designer Pro, LLC. 

PO Box 1602

Pflugerville, TX 78691

Attn: Legal

Email: [email protected]

 

28. Legacy User Rights and Migration to New Terms of Use

If you have a current subscription to Game Designer Pro’s Services and Software which you purchased before the effective date of these Terms, then you may continue to use the Services and Software for the remainder of your current paid subscription term pursuant to the terms of service in effect immediately before the effective date of these Terms, including the right to continue distributing Applications.

 

END

 

gamedesignerpro.com Terms of Service (version 2, 8 May 2023)

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