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Please read through the terms conditions before using this site and it's services. These conditions are subject to change and returning visitors are invited to regularly review them. These terms and conditions cover general site use. You can find the license agrement terms and conditions here. If you're looking for information on how your data is used please refer to the privacy statement.
1.1 These terms and conditions shall govern your use of this website and the services on this website.
1.2 By using this website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
1.3 If you register with this website, we will ask you to expressly agree to these terms and conditions.
1.4 Your agreement to these terms and conditions is on your own behalf as an individual or, if you are acting in the course of your employment by or representing another legal entity, on behalf of that entity; and such acceptance creates a legally enforceable agreement between you or that entity on the one hand, and us on the other.
1.5 If you are acting in the course of your employment by or representing another legal entity, you personally warrant and represent to us that you have the authority to accept these terms and conditions on behalf of that entity, and you undertake to abide by these terms and conditions insofar as they are applicable to you as an individual user.
1.6 You must be over the age of 13 to use this website and it's services.
2.1 This website and the material on this website are copyright(c) GameDeveloperStudio.com.
2.2 Subject to the express provisions of these terms and conditions: we, together with our licensors, own and control all the copyright and other intellectual property rights on our website and the material on this website; and all the copyright and other intellectual property rights in this website and the material on this website are reserved.
3.1 This Section governs your rights to use this website and this website's services. These provisions apply to use of areas of the website available to casual visitors and to the use of the additional areas of the website available to registered users.
3.2 This section governs general use of the website and it's services The rules governing the use of this website's downloadable content and purchaseable licesenses are set out in the license agreement and are not set out in this section
3.3 You may:
view pages from our website and submit forms on our website using a web browser;
download pages from our website for caching in a web browser;
stream video files from our website; and
use this websites tools
subject to the other provisions of these terms and conditions.
3.5 You must not:
republish material from our website (including republication on another website); sell, rent or sub-license material from our website; show any material from our website in public; exploit material from our website for a commercial purpose; or redistribute material from our website, in each case except as expressly permitted by Section 8.
3.6 We reserve the right to restrict access to areas of this website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on this website.
3.7 You must not use the software elements of the website or services for any purpose other than using the website and services in accordance with these terms and conditions.
3.8 Except to the extent required by applicable law, you must not reverse engineer, or attempt to reverse engineer, the software elements of the website or services.
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing;
(n) do anything that interferes with the normal use of our website.
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
For information regarding our data processing please read the privacy agreement.
5.1 You may register for an account with our website by completing and submitting the account registration form on our website.
5.2 You must not allow any other person to use your account to access the website.
5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
5.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
5.5 If you register for an account with our website, you will be asked to enter a valid email, supply a name and choose a password.
5.6 Your user email and name must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
5.7 You must keep your password confidential.
5.8 You must notify us in writing immediately if you become aware of any disclosure of your password.
5.9 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
5.10 We may:
suspend your account;
cancel your account; and/or
edit your account details to ensure they are accurate and appropriate,
at any time in our sole discretion with or without notice or explanation to you, providing that if we cancel any services you have paid for and that you have not breached these terms and conditions in any way, we will issue a refund to you calculated in accordance with Section 10.
5.11a We will may cancel uncredited accounts that remain unused for a period of 18 months. 5.11b We will may cancel credited accounts that remain unused after a period of 18 months or after a reasonable effort has been made to contact the account owner.5.12 You may cancel your account on this website by sending to us a written cancellation request. You will not be entitled to any refund if you cancel your account in accordance with this Section 5.12.
6.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, comments, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you may submit to us or this website for storage or publication on, processing by, or transmission via, this website.
6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].
6.3 You grant to us the right to sub-license the rights licensed under Section 6.2.
6.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 6.2.
6.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
6.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
7.1 You warrant and represent that your content will comply with these terms and conditions.
7.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
7.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
(r) cause annoyance, inconvenience or needless anxiety to any person.
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
8.2 We reserve the right to discontinue or alter any or all of this website's services, and to stop publishing this website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.1 The fees in respect of our website services and asset licenses will be as set out on the website from time to time.
10.2 In order to download digital products from this site users must first purchase site credit. Once purchased site credit holds no other value than to purchase digital products from this website. Site credit is non transferable and can only be used for the purchase of digital products from this website.
10.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
10.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
10.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
10.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: an amount equal to the amount of the charge-back; all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 9.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 9.6.
10.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
10.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
11.1 The provisions of this Section 11 apply only where the Section is expressed to apply elsewhere in these terms and conditions.
11.2 You acknowledge that you have no general right to a refund either for account credits or for digital product purchases under these terms and conditions except where the digital product may be justifiably defective.
11.3 Should a refund for account credits be granted the total refund amount shall be decided upon based upon the amount remaining in your account and the reasonable administrative loss incured for issuing the refund.
11.4 Should refunds for digital products be granted the refund shall be in site credits.
11.4 When the price of a digital product is lowered the site may voluntarily decide to refund website users who have previously purchased the digital product the value of the reduction. This refund shall be offered in non cash redeemable site credits.
12.1 This site offers the ability for users to re-download previously purchased materials and folders from the site during an extended amount of time after purchase. This service is not guaranteed as part of the services offered on the website and it is understood by you that you are responsible for maintaining your own backed up copy of purchased materials and media. This website withholds the right to discontinue or reduce this service's availability at anytime.
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your Internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 Our website includes hyper-links to other websites owned and operated by third parties
14.2 We have no control over third party websites and their contents, and subject to Section 9.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
15.1 We may revise these terms and conditions from time to time.
15.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
15.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19.1 Subject to Section 9.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of England.
21.1 We are gamedeveloperstudio is registered in the United Kingdom under Brooks- Romero art services.
21.1 This website is owned and operated by Robert Brooks.
21.3 Our office address is: Office 14978, Box 4336, Manchester, M61 0BW, United Kingdom.
21.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form; or
(c) by email, using the email address published on our website.
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