WEBSITE TERMS OF USE

1. PARTIES

• These Terms apply to the website, www.GameDev.tv (the “Site”), provided by EmbraceIt Limited (company number 05194402) of Castle Cavendish Business Centre, Dorking Road, Nottingham. NG7 5PN (referred to as "we" or "us" or "our") and are between Us and each user of the Site (You).

2. TERMS OF AGREEMENT

• 2.1. These Terms set out all of the rules and obligations that apply to all of your activities on the Site to your use of the Site, any other GamDev applications and other related services (the “Services”)
• 2.2. By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
• 2.3. We recommend that you print and keep a copy of these Terms for future reference. They are a legally binding agreement between you and us.
• 2.4. These Terms may also make reference to other terms that apply when using our Site, such as our Privacy Policy and Cookie Policy.

• 3.1. We amend these Terms from time to time by updating them on the Site. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.

• 4.1. We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it.

• 5.1. You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
• 5.2. You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any forms you submit must be a genuine enquiry.
• 5.3. You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site. You must not use any scraping technology on the Site. Any such use or attempted use of an automated program shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs is strictly unauthorized.
• 5.4. You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.

6. YOUR PERSONAL DATA

• 6.1. When you fill out and submit an enquiry form on our Site, your personal data will be processed in accordance with our Privacy Policy.
• 6.2. Should you wish to adjust your choices regarding unsolicited commercial communications, please email us at [ [email protected] ]

• 7.1. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
• 7.2. All of your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to our Services from territories where their contents are illegal is prohibited. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside. You must agree to abide by all local rules regarding online conduct and acceptable content.

• 8.1. To receive Services available on this Site, you must create an account with Us. At our discretion, we may refuse your application to create an account. If we accept your application for registration, you will be given access at the point of application.
• 8.2. Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
• 8.3. You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
• 8.4. You accept sole responsibility for all use of and for keeping secret any password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorized use of them or any other breach of security of this Site of which you become aware.
• 8.5. We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

• 9.1. If You elect to access or use our Services that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit/debit card information or any other electronic payment method (the “Payment Method”) to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize Us to charge your Payment Method to pay the fees as they are due.
• 9.2. If your Payment Method fails or your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block your access to any of the Services pending resolution of any amounts due by You to Us.
• 9.3. When you make a purchase of any of the Services provided by Us, we grant You a limited, non-exclusive, non-transferable license (the “License”) to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a GameDev authorized representative.
• 9.4. The License may be revoked by Us at any time where We are required to do so for a legal or policy reason. For example, where the content of a course is the object of a complaint regarding the copyright of the course.
• 9.5. Where You have paid a fee for a course you may, within 30 days of the purchase, request a refund for course. Where such refund is agreed by Us the License provided in Clause 9.3 above shall immediately be cancelled and any access to the course shall be removed.
• 9.6. At our discretion, if we believe you are abusing our refund policy, for example where you have consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms you will not be eligible to receive a refund.

• 10.1. The copyright and all other intellectual property rights in this Site and the Services (including all database rights, trade marks, service marks, trading names, text, graphics, code, files, links and other materials published on it) belong to us or our licensor(s). All rights are reserved.
• 10.2. Subject to clause 5, you may download material from this Site for the sole purpose of using this Site where we provide an option for you to do so. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.

• 11.1. While we endeavor to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
• 11.2. Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot provide the Services due to circumstances beyond our reasonable control.
• 11.3. We give no warranties or representations that the information on this Site or within the Services is correct, accurate or up-to-date.
• 11.4. We give no warranty or guarantee that the Services or the Site or information available on it complies with laws other than those of England.
• 11.5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, Site or any content on it, whether express or implied.

• 12.1. We do not guarantee that our Services, Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

• 13.1. Where this Site contains links to websites operated by third parties, we have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.

• 14.1. You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any "deep link" to any page on this Site. You may link to our home page at www.gamedev.tv and pages within the Site provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
• 14.2. Our Site must not be framed on any other Site.
• 14.3. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

• 15.1. Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• 15.2. Subject to clause 15.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
• 15.3. Subject to clause 15.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
• 15.4. We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorized access to our system and this Site. Subject to clause 15.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorized access to our system or this Site.
• 15.5. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
• 15.6. If you choose to contact our members using the Site, your details (including your e-mail address, telephone number) will be sent to the member that you are enquiring with. We do not accept any liability for any subsequent communications that you receive directly from that member.
• 15.7. If you are a consumer user:
  • 15.7.1. please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • 15.7.2. if defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
• 15.8. If you are a business user, subject to clause 15.1:
  • 15.8.1. we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
  • 15.8.2. we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • 15.8.2.1. use of, or inability to use, our Site; or
    • 15.8.2.2. use of or reliance on any content displayed on our Site.
    • 15.8.3. In particular, we will not be liable for:
    • 15.8.3.1. loss of profits, sales, business, or revenue;
    • 15.8.3.2. business interruption;
    • 15.8.3.3. loss of anticipated savings;
    • 15.8.3.4. loss of business opportunity, goodwill or reputation; or
    • 15.8.3.5. any indirect or consequential loss or damage.

• 16.1. If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
• 16.2. If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

• 17.1. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

• 18.1. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this Agreement.