GameDev.net Terms of Service - GameDev.net (2023)

GameDev.net, GMBH ("GameDev.net“, „our" Ö "us”) provides game development services and interactive content (“developer services") and various GameDev.net communities ("communities’) provided by or in connection with our websites, available at gamedev.net,gamedev.jobs I gamedev.market (Ö "Ort"). Except to the extent that you and GameDev.net have signed a separate agreement governing your use of the Developer Services, these Terms of Service govern solely your access to and use of the Developer Services, Communities and Website (collectively, the "Services"), and constitute a legally binding agreement between you and GameDev.net (Ö "Conditions"). These Terms and the Additional Terms together are the "agreement.“

If you are entering into the Agreement on behalf of a company, organization, or other legal entity (a "legal entity"), represent and warrant that you have the authority to bind that entity to the Agreement, and if so, "Of"e"Are' refers to and applies to that company or other legal entity.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, PURCHASING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE AGREEMENT, WHETHER OR NOT THEY HAVE A. CREATED GAMEDEV.NET ACCOUNT, SUBSCRIBE GAMEDEV.NET NEWSLETTER OR OTHERWISE REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

1. YOUR USE OF THE SERVICES

1.1 AUTHORIZATION. The Services are intended solely for persons over the age of 13. Unless expressly stated otherwise on the Site, the Services are intended for use by persons 13 years of age or older, provided however that you must be at least 18 years of age to make purchases or post content to them GameDev.net. If you are under the age of 18 or of legal age at the time you access the Services, you may only purchase access to the Services with the involvement of your legal guardian, and you represent and warrant that your legal guardian has read, understood and is in compliance with this agreement.

1.2 PRIVACY. Your privacy is important to us. GameDev.net Privacy Policy discloses the information we collect and how we use it. By using any of the Services, you agree to the terms of the Privacy Policyso check those Privacy Policy carefully. You confirm that you have read and accept them Privacy Policy and its terms.

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1.3 ADDITIONAL REQUIREMENTS. Developer Services and Sites/Communities are subject to the additional terms below (“additional requirements“).

Additional Site and Community Terms

2. YOUR GAMEDEV.NET ACCOUNT

To use most services, you must log in with a "GameDev.net Account“. to create one GameDev.net Account, you will be asked to provide certain information and will be assigned a username and 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. GameDev.net reserves the right to suspend or terminate your account if any information provided during the registration process or later is found to be inaccurate, outdated or incomplete. You are responsible for protecting your password. You agree not to disclose your password to any third party and to accept sole responsibility for any activity or action under your account, whether or not you have authorized such activity or action. You will be notified immediately GameDev.net unauthorized use of your account.

You can cancel yours GameDev.net account at any time by email to support@gamedev.net. cancel your GameDev.net Account does not relieve you of your obligation to pay all amounts due, if any, for your existing subscriptions to the Developer Service.

3. YOUR RESPONSIBILITIES

You represent and warrant that: (a) you have the legal capacity to enter into the Agreement; (b) you are not located in a country embargoed by the United States and are not on the US Treasury Department's list of Specially Designated Nationals; and (c) you will comply with all applicable laws and regulations relating to your use of the Services (including without limitation applicable Federal Trade Commission and COPPA rules) and in accordance with the terms set forth in the Agreement.

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4. INTELLECTUAL PROPERTY RIGHTS

4.1 VON GAMEDEV.NET PROPERTY. The Site, Developer Services, Communities, and Site Content (as that term is defined in the Additional Site and Communities Terms) are protected by copyright, trademark, and other laws of the United States and foreign countries. Unless expressly provided for in the contract, GameDev.net and its licensors exclusively own all right, title and interest in and to the Services, including all intellectual property rights related thereto. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated into or accompanying the Services.

4.2 YOUR CONTENT. like between you and GameDev.net, you own all right, title and interest (including all intellectual property rights) in the Content you create using the Developer Services and/or in any Content you post on the Site or Communities (collectively, "your content’) (and any components of the Software contained herein or used in connection therewith). you grant GameDev.net a non-exclusive, irrevocable, perpetual license to transmit, reproduce and distribute your work on the Site and in any advertising or promotional materials created by GameDev.net in connection with the Developer Services, the Website or the Communities. GameDev.net reserves the right to remove any content or part of the content at its own discretion.

4.3 COPYRIGHT POLICY. GameDev.net respects copyright law and expects the same from its users. GameDev.net has adopted and implemented a policy providing for the termination, under appropriate circumstances, of registered users or other account holders who repeatedly infringe the rights of copyright owners or who are believed to repeatedly infringe the rights of copyright owners.

4.4 PROPERTY NOTICES. All trademarks, service marks, logos, trade names and all other proprietary designations of GameDev.net used in this document are trademarks or registered trademarks of GameDev.net. All other trademarks, service marks, logos, trade names and all other proprietary designations are trademarks or registered trademarks of their respective parties.

4.5 WITHDRAWAL NOTIFICATION PROCEDURE. As far as possible under international law, GameDev.net is not responsible for any copyright infringement arising from any material posted, shared, uploaded or transmitted on this Website or in our Games, including advertising, User Generated Content or other third party content. However, under the Digital Millennium Copyright Act 1998, we can provide redress to rightful owners of copyrighted works if their copyrights are violated. If you believe that any material on this site, our products or other services violates your copyright, please contact us so that we can investigate your claims and, if necessary, modify or remove the infringing material. We need the following information before we can investigate your claim:

An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you believe has been infringed;
A description of where on the GDNet website or Product the material that you claim is infringing is located or identified, including a verifiable link to the material;
Your name, address, telephone number and email address;
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 an authorized "fair use" of your work; Is
A statement by you, under penalty of perjury, that the information you are submitting to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The above information should be provided to GDNet's DMCA registered agent for notification of copyright claims or other intellectual property infringement who may be contacted via email. legal@gamedev.net.

If you believe that your content has been removed in error in accordance with the above procedures, before we can investigate your complaint or repost your content, we request that you send the following information to the agent identified above:

Your physical or electronic signature;
your name, address and telephone number;
Identification of the material and its location prior to its removal;
a statement under penalty of perjury that the material was identified in error or misidentified;
Your consent to the jurisdiction of a federal court in the county in which you live (if you are in the United States) or your consent to the jurisdiction of a federal court in the county in which your service provider is located (if you are not in the United States) . the USA. ); Is
Your consent to accept service of process from the party that sent the removal notice.

5. PAID

5.1 PRICES. Pricing for certain Services is set on the Site by user profile preferences (the "profile settings“). GameDev.net You may increase, change or add new fees and charges for any of the Services from time to time by posting such changes on the Website or in your profile settings. GameDev.net Notifying you at least 30 days in advance of any changes affecting existing Software and/or Developer Services you are already using and your continued use of such Developer Software and/or Services after the effective date of any changes means that you accept these changes and, if applicable, consent to them.

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You agree to pay all amounts due for the Services as specified in the online shopping cart, quote or invoice and in accordance with GameDev.net Payment terms and, if applicable, those of a payment processor. All fees payable under the Agreement are net and payable in full without deducting any taxes or fees of any kind. You are responsible for and agree to promptly pay all taxes or fees of any kind (including but not limited to sales, use and withholding taxes) related to the purchase, receipt or use of the Software and/or the Developer. Services except taxes based on GameDev.net liquid result. not happen that GameDev.net is obliged to levy all taxes for which it is responsible, it will pay them directly GameDev.net or your payment processor. If you pay any withholding tax that is required to be paid under applicable law, you will do so promptly GameDev.net with written documentation of all such tax payments, including receipts. GameDev.net reserves the right to collect any applicable sales, use or value added tax.

All sales are final and there are no refunds unless required by law. Advance payment, GameDev.net does not allow changes to your purchase once it is complete. GameDev.net You may disable all copies of the Software and/or your access to any Developer Services to which you are subscribed or licensed if you fail to make all payments due.

You acknowledge and agree that for certain Developer Services, any estimates of fees and costs provided to you by GameDev.net (whether or not based on assumed data usage) are estimates based on assumptions only and you bear full responsibility for actual fees and costs incurred.

5.2 CARRY. When you purchase Services, you will be asked to periodically provide billing information such as your name, company name, billing address, credit card information, and VAT number (for EU residents). GameDev.net or your third party payment processor. VAT numbers cannot be added or changed after the purchase is complete. When you provide billing information GameDev.net or your third party payment processor: (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 a payment GameDev.net for all purchases (including any applicable taxes) made through the Site or Profile Settings; and (iii) therefore authorize GameDev.net or your third-party payment processor to charge your credit card or process your payment for purchases, subscriptions, or other fees you incur. If it's possible GameDev.net Third-party payment processors may make you subject to the terms and conditions that govern your use of that third-party service and that third-party privacy policy. Please read the terms and conditions and privacy policies of these third parties before using such services.

5.3 SUBSCRIPTION TERMS. If you purchase a subscription to use the Services, you also agree to this Subscription Terms set up on the website. Any subscriptions you have purchased will remain in effect for the initial subscription term and thereafter will automatically renew month-to-month at the current list price unless you renew your subscription for a new subscription term or cancel and cancel. as described on the website.

6. COMPLIANCE

To ensure compliance with the Agreement, you agree that within ten (10) days from the date of GameDev.net or at the request of your Authorized Representative, you must provide all relevant records and information requested to verify that your installation and use of any Services is in accordance with the Agreement, together with a signed acknowledgment that all such information is complete and accurate are . If you are a legal entity, GameDev.net or its authorized representatives, upon reasonable notice, may access and inspect your facilities and computer systems to verify and confirm your compliance with the Agreement. Such an inspection must be conducted during normal business hours at your facility or electronically via remote access. In the event that you have not paid the applicable fees for any Developer Services you provide or use, you agree to promptly pay such Developer Services and reasonable inspection costs GameDev.net Demand.

7. ACCOUNT TERMINATION AND CANCELLATION

GameDev.net has the right, in its sole discretion and without prior notice, to suspend or disable your account GameDev.net Account or terminate the Agreement and/or your right or ability to access or use the Services if you: (a) breach this Agreement; (b) your use of the Services poses a security risk or compromises the Services or third parties; (c) Your use of the Services is important GameDev.nethold our affiliates or third parties liable; (d) your use of the Services may be fraudulent; (e) has ceased to carry on its ordinary business, entered into any assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

In the event of any suspension, deactivation or termination, you acknowledge that: (i) GameDev.net no further obligation to provide the Services to you; (ii) all rights granted to you under the Agreement shall terminate immediately; (iii) you will no longer be able to access your content that was previously submitted through any of the Services or that relates to you GameDev.net account and GameDev.net not obligated to maintain your content or forward it to you; and (iv) you remain responsible for all fees and charges for any Services ordered. Yes GameDev.net suspend, disable, or terminate as a result of your violation, you also remain responsible for any outstanding balances due during the term of your subscriptions. Suspension, deactivation or termination will not affect your obligations to GameDev.net (including but not limited to proprietary and proprietary rights, indemnification and limitation of liability) which, by their importance and context, are intended to survive such suspension, deactivation or termination.

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8. DISCLAIMER OF WARRANTIES

ALL SERVICES ARE PROVIDED BY GAMEDEV.NET "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTY, AGREEMENT OR CONDITION OF ANY KIND. GAMEDEV.NET AND ITS LICENSORS DO NOT WARRANT OR WARRANT THAT THE SERVICES, OR ANY PORTIONS THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE. GAMEDEV.NET AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER GIVEN BY LAW, CUSTOMER OR COMMERCIAL USES, TRADE PROCEDURE, OR OTHERWISE, INCLUDING ALL: ( I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR FITNESS FOR ANY PURPOSE (WHETHER OR NOT GAMEDEV.NET KNOW HAS REASON TO KNOW HAS BEEN SUPPLIED OR KNOWN FOR ANY PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GAMEDEV.NET OR OTHERWISE CREATE ANY WARRANTIES OR CONDITIONS NOT EXPRESSLY STATED IN THE AGREEMENT.

You are solely responsible for the accuracy and quality of Your Content and 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. DAMAGES

To the extent permitted by law, you agree to defend, indemnify, and hold GameDev.net, its officers, directors, employees and agents of and against any claim, suit, demand or proceeding, and any loss, liability, damage, costs and expenses, including but not limited to reasonable legal and accounting fees, arising out of or arising out of or in any way related to: (i) your access to or use of any of the Services; (ii) your content; or (iii) your breach of contract.

10. LIMITATION OF LIABILITY

GAMEDEV.NET AND ITS LICENSORS' TOTAL LIABILITY TO YOU FOR ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY IN CONNECTION WITH THE SERVICES SHALL BE LIMITED TO THE GREATER OF: (A) BY YOU IN THE LAST THREE (3) MONTHS FOR MY USE OF THE SERVICES; OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT GAMEDEV.NET, ITS LICENSORS, OR OTHER PARTIES INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS, GOODWILL, INTERRUPTION OF SERVICES, COMPUTER DAMAGE, SYSTEM FAILURE OR INABILITY) OR FOR THE COST OF OBTAINING ANY SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE PERFORMANCE OR PERFORMANCE OF THE SOFTWARE OR DEVELOPER SERVICES OR THE USE OF, OR INABILITY TO USE, THE SITE, THE COMMUNITIES OR THE CONTENT OF THE SITE, OR ANY COMMUNICATIONS, INTERACTION OR MEETINGS WITH THIRD PARTIES AS A RESULT OF USE OF THE SITE, THE DEVELOPER SERVICES OR THE COMMUNITIES, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND IF OR N NOT GAMEDEV.NET OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS SHALL RESULT AND APPLY EVEN IF ANY LIMITED REMEDY STATED IN THE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. CONTROL RIGHTS AND JURISDICTION

11.1 CHOICE OF LAW. The Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to or application of its conflict of law rules or principles. Any action to enforce the rights contained herein must be brought in the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11.2 ARBITRATION. Let's try to figure things out first.. We want to address your concerns without the need for formal litigation. Before you sue GameDev.net, you agree to attempt to resolve the Dispute informally by contacting Dispute@gamedev.net. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or GameDev.net You can start a formal procedure.

Except as set forth below in Section 9.3, all disputes arising out of or relating to the Agreement, including any dispute as to its existence, validity or termination, shall be resolved by arbitration. EITHER American Arbitration Association (AAA) will conduct the arbitration in accordance with its Commercial Arbitration Rules and Supplemental Procedures for Consumer Disputes. In addition, the parties agree that any arbitration shall be conducted solely in their individual capacity and not as a class action or other representative action, and the parties expressly waive their right to file a class action or institute a class action. YOU ARE GAMEDEV.NET YOU AGREE THAT EACH MAY BRING A CLAIM AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR COLLECTION MEMBER IN ANY PROCEEDING REPRESENTATIVE OF THE COLLECTION. If a court or arbitrator determines that the class action waiver set forth in this paragraph is for any reason null and void or unenforceable, or that arbitration may proceed on a class basis, then the arbitration clause set forth above will be null and void in its entirety . . and it is understood that the parties do not agree to settle the disputes.

11.3 ARBITRATION EXCEPTIONS. Notwithstanding the parties' agreement to resolve all Disputes by arbitration, either party may bring an action in court: (a) to enforce its intellectual property rights ("Intellectual Property Law” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including, but not limited to, seeking injunctive relief; (b) seek temporary, preliminary or other expedited or provisional injunctive relief (but not monetary damages) in non-intellectual property matters; or (c) collect any fees due under the Agreement. You are GameDev.net You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Diego County, California. The parties agree to accept service of process by mail and hereby waive any available judicial and local defenses.

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12. GENERAL

The Agreement is the complete and exclusive understanding and agreement between the parties with respect to its subject matter and supersedes any oral or written proposal, understanding or communication between the parties with respect to its subject matter, except to the extent you and GameDev.net have signed a separate agreement governing your use of the Software and/or Developer Services, in which case such separate agreements relating to the applicable Software and/or Developer Services shall prevail. In the event of any inconsistency between the English version and any translation, the English version of the Agreement shall prevail. Any clause or condition in your order or other ordering document that is inconsistent with or in addition to the terms and conditions of the Agreement will be rejected by GameDev.net and it is considered zero. You may not assign or transfer the Agreement or any rights granted herein, by operation of law or otherwise, without GameDev.net prior written consent. Any attempt by you to do so without such consent is void. GameDev.net You may assign or transfer the Agreement at your sole discretion without restriction. Subject to the foregoing, the Agreement shall bind and benefit the parties, their successors and authorized assigns. Except as expressly provided in the Agreement, the exercise by either party of any of its remedies under the Contract shall not affect its other remedies under the Contract or otherwise. GameDev.net deliver any notices, permissions or other communications required or permitted under the Agreement, including those relating to changes to the Agreement: (a) by email (in each case to the address you provide); or (ii) by posting on the Website, Service Panel or your GameDev.net Account. In the case of notifications by e-mail, the date of receipt is deemed to be the transmission date of the notification. The failure of either party to enforce any provision of the Agreement shall not constitute a waiver of future application of that provision or any other provision. Any waiver, modification or addition to any provision of the Agreement shall be effective only if made in writing and by authorized representatives of both parties is signed. If any provision of the Agreement is found 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.

CONTACT GAMEDEV.NET

You can contact legal@gamedev.net with questions