Terms & Conditions

1. Introduction

GDC Media Limited, along with all its controlling or affiliated entities, is collectively referred to as 'we', 'us', or 'our' in this document.

We urge you to thoroughly review these usage guidelines before accessing any GDC site. By engaging with any GDC website, you indicate your acceptance of these terms. If you do not agree to these stipulations, you should refrain from using GDC sites. We maintain the authority to amend, modify, add, or remove parts of these terms at our discretion, as outlined in section 15 titled 'Amendment.'

2. Consideration

You recognize that these terms are founded on reasonable and valuable considerations, which we acknowledge as received and adequate. This consideration includes, but is not limited to, your use of GDC sites, access to data and materials available through GDC, and the potential for us to review, utilize, or display your Submissions (described in section 4 called 'Submissions'), as well as any promotional opportunities arising from our use of your Submissions.

3. Restrictions on Use of Material

All content, information, and materials found on GDC sites are either owned by us or licensed to us. Our trademarks, service marks, trade names, and overall branding are proprietary. No part of the content or materials from any GDC site or any related website controlled by us can be copied, reproduced, uploaded, or shared in any manner, except that you may download one copy onto a single device for personal, non-commercial use, provided you adhere to the following conditions: (a) retain all copyright and proprietary notices, (b) do not alter the materials, (c) avoid suggesting any affiliation with our products or brands, and (d) refrain from downloading with the intent of evading future downloads from any GDC site. Using any of our materials on another website or computer setup is strictly prohibited.

GDC sites are intended solely for your personal enjoyment. Any commercial use, illegal activities, or behaviors that could harm us or third parties are not permitted, per our sole discretion.

4. Submissions

If you send us submissions, whether intentionally or accidentally, or engage in features or activities on any GDC site (including, but not limited to, games, contests, or public forums as defined in section 6, 'PUBLIC FORUMS AND COMMUNICATION'), and provide any data, content, or materials such as text, images, videos, or user information, you grant us and our authorized users the unrestricted right to use that content for any purpose, commercial or otherwise. If there’s any uncertainty regarding whether your content qualifies as a Submission, it will be considered a Submission. We carry no confidentiality obligations regarding these Submissions and are not liable for their use. You grant us a broad, non-exclusive, perpetual license to utilize, share, and modify your Submissions in any format for various purposes such as advertising and promotions without notice or attribution to you. If your Submission includes original songs or recordings, you confirm your membership in relevant performing rights organizations and confirm that we have rights to use the musical compositions included in your Submissions. If we seek Submissions requiring our copyrighted works, you are granted a non-exclusive license to create derivative works based on them, conditioned upon transferring all rights to us. Your agreement to these terms remains effective whether or not your Submissions are utilized.

You appoint us as your representative with authority to execute any documents or acts necessary to confirm the rights granted under these terms.

Submitting content does not imply any form of confidentiality or trust, and no fiduciary relationship is created between us. Should any moral or ancillary rights exist in your Submissions, you agree not to enforce them against us or our authorized users. You will also ensure that this agreement is adhered to by anyone else who might possess such rights.

You acknowledge and reaffirm any prior agreements regarding rights and permissions related to Submissions you have already provided.

5. Account Information and Security

You commit to providing accurate, current, and complete information as required during our registration process (referred to as 'Registration Data'). Failure to provide such information may lead to account suspension or termination and restrict access to GDC sites.

You further agree to promptly inform us via the designated contact form (https://kax.ie/#contact) of any unauthorized access to your account information or security breaches that you become aware of. Additionally, you should log out from your account after each session.

We explicitly deny any liability for losses or damages resulting from your non-compliance with this section.

6. Public Forums and Communication

"Public Forum\" refers to any area or feature on a GDC site that allows users to share, display, or view User-Generated Content, as well as communicate with other users, which may include chat areas, message boards, or any other interactive sections.

By using a GDC Site and participating in any Public Forum, you agree and understand that your contributions may be transmitted through our servers or those of third parties. This means that your submissions can be accessible to the public online, which removes any assumption of privacy. It's important to realize that Public Forums are intended for open communication and are not secure channels. We do not ensure the confidentiality of any information shared through these platforms; therefore, you take full responsibility when you choose to disclose personal information.

You are solely accountable for any User-Generated Content you submit, post, or create under your username in a Public Forum. This includes any outcomes resulting from your submissions. Please understand that utilizing User-Generated Content that is shared in any Public Forum carries inherent risks. For instance, we do not take responsibility for any opinions or advice that users may share, nor do we endorse such content, and we disclaim any liability linked to it.

We maintain the authority to review, reject, remove, or modify User-Generated Content at our discretion, without prior notice and for any reason we see fit. Should we choose to conduct a review, it may result in a delay before the content appears in the Public Forum. If there are any concerns regarding your submissions, such as copyright issues, we may reach out to clarify whether you have the rights to share that content publicly.

While engaging in a Public Forum, be cautious and do not take for granted that individuals are who they claim to be or possess the knowledge they assert. Information from these forums may not be trustworthy, and it's unwise to base significant decisions, like financial investments, solely on unverified information. We cannot vouch for the accuracy of User-Generated Content posted in these Public Forums and cannot be held liable for decisions made based on such information.

Accessing and sharing User-Generated Content in a Public Forum might be subject to certain age limitations or specific regulations that we can modify at any time as deemed necessary. Any relevant age-related restrictions and procedures will be clearly communicated within the Public Forum.

7. House Rules

The subsequent guidelines outline the House Rules relevant to the GDC Sites. By utilizing these sites, you confirm your agreement to:

1. You agree not to upload, post, or make available any User-Generated Content that: (a) is defamatory, hostile, threatening, or could be perceived as stalking or infringing on someone else's privacy; (b) displays bigotry or hate; (c) is considered violent, lewd, obscene, or otherwise sexually explicit; (d) promotes or discusses illegal activities; (e) infringes on the rights of others or violates any applicable laws, including those pertaining to copyright or privacy rights; or (f) does not adhere to the rules and conditions tied to the Submissions License outlined in section 4 entitled \"SUBMISSIONS.\"
2. You confirm that you possess all necessary rights, permissions, licenses, and consents to utilize and freely grant us permission to use and distribute the User-Generated Content you submit. This includes rights related to any copyrights, trademarks, or other proprietary rights, ensuring you do not need additional permissions from anyone else. If your submissions contain original music or recordings, you affirm that you belong to a performing rights organization and can license the music directly through them. Regardless of membership status, you grant us a continual, non-exclusive license to perform your musical compositions publicly.
3. You agree not to (a) promote or sell any items or services for financial gain within a Public Forum, or (b) use any features offered on a GDC Site for commercial purposes.
4. You will not submit, post, or distribute any software or files containing viruses or harmful components that could damage the GDC Sites or hinder other users' experiences.
5. You must not impersonate any individual or entity or misrepresent your identity or connection to others, including the use of someone else's username or personal details without consent.
6. You will refrain from engaging in any disruptive behavior such as trolling, spamming, or any actions that might harm the community or its users.
7. You are not permitted to delete or modify any legal notices, such as copyright symbols, or alter any trademarks or logos that you do not own.
8. You must ensure that your submissions are relevant to the specific topic or theme of the Public Forum and do not deviate from those subject matters.
9. You are prohibited from submitting any User-Generated Content that conflicts with the established guidelines of the Public Forum, including age restrictions and other set rules.
10. You must not engage in any criminal behavior, including but not limited to, sex trafficking, stalking, fraud, or other illegal activities.

We cannot guarantee that all users will follow the established House Rules or adhere to the terms of use, and you acknowledge the risks associated with any potential non-compliance.

If certain features on a GDC Site require you to provide your email or phone number to send messages or cards, you must supply your accurate contact information. Uses of an automated system for high-volume messaging are strictly not allowed. Cards, emails, and messages must also avoid inappropriate content and must not promote illegal behavior. We reserve the ability to withhold the delivery of any communications that violate these guidelines.

8. Our Content Removal Rights

We reserve the right to remove any User-Generated Content from a GDC Site if it violates the terms of use, and to cooperate with law enforcement in identifying users who are suspected of breaking the law while using our platforms.

9. Content Linked to any GDC Site

It’s important to understand that when you visit a GDC Site, you might be led to external websites that we do not have control over. Our pages may include links to these external sites, which means your browsing can extend beyond our platform. For instance, clicking on promotional banners or search results might redirect you away from the GDC Site. This applies to links from advertisers, sponsors, and partners that utilize our branding as part of their collaboration. You recognize that once you leave a GDC Site through these links, the destination site operates independently and may implement different usage terms and privacy policies. By following links to other websites, you acknowledge that we bear no responsibility for the content or conduct of those sites. Although we may choose to disable links from third-party sites to any GDC Site, we are not obligated to do so at any time.

We do not make any guarantees regarding the content presented on sites listed within our directories. As such, we cannot accept responsibility for the correctness, relevance, compliance with copyright, legality, or appropriateness of material on those sites that are included in our search results or other links related to a GDC Site.

10. Disclaimer

THE MATERIALS, CONTENT, AND INFORMATION PROVIDED ON GDC SITES ARE OFFERED 'AS IS' WITH NO WARRANTIES OF ANY TYPE, EITHER EXPLICIT OR IMPLICIT. TO THE FULLEST EXTENT PERMITTED UNDER RELEVANT LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING POTENTIAL WARRANTIES OF MERCHANTIBILITY, SUITABILITY FOR A SPECIFIC USE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT ANY FUNCTIONS PRESENT IN THE INFORMATION, CONTENT, OR MATERIALS ON GDC SITES (INCLUDING USER-CREATED CONTENT) WILL BE CONTINUOUS OR ERROR-FREE, THAT ANY MALFUNCTIONS WILL BE FIXED, OR THAT ANY GDC SITE OR THE SERVERS PROVIDING THIS INFORMATION, CONTENT, AND MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS. AS A USER, YOU TAKE ON ALL COSTS RELATED TO ANY REQUIRED SERVICING OR REPAIRS. OUR WARRANTIES OR REPRESENTATIONS DO NOT EXTEND TO THE USE OR RESULTS OF USING ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR ASSOCIATED WITH ANY GDC SITE, NOR DO THEY APPLY TO THE ACCURACY OR SAFETY OF USER-GENERATED CONTENT OR MATERIALS ON THIRD-PARTY SITES LINKED TO FROM A GDC SITE. IT SHOULD BE NOTED THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT BE RELEVANT TO YOU.

We categorically deny any accountability for the correctness, completeness, or accessibility of information and materials found on sites that either link to or from any GDC Site. We cannot assure that you will be satisfied with any third-party products or services that you may acquire from sites connecting with a GDC Site or from the information and materials presented on our sites (which includes user-generated content in public forums). We neither endorse nor have verified the accuracy or completeness of any goods or material found on external sites. In addition, we make no guarantees about the security of any information you might be required to provide to these third parties, such as credit card details or personal information. By using our sites, you release us from any claims related to content found on our sites, third-party sites, or any information you submit to those third-party sites. We highly recommend conducting whatever investigations you think are necessary before engaging in transactions with these external entities.

11. Indemnification

You are fully responsible for ensuring the confidentiality of your usernames, passwords, and accounts, along with all activities that take place under your accounts. You agree to indemnify, defend, and keep harmless us and our affiliates—including licensors, licensees, distributors, representatives, agents, and any authorized users and their respective vendors—from any losses, damages, liabilities, and expenses (including settlements and legal fees) incurred related to any claims resulting from your breach of these terms or from your accounts. You must also make reasonable efforts to assist us in defending against any claims. We reserve the right to hire separate legal counsel at our own cost and take exclusive control over any matters for which you are required to indemnify us.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH), OR ANY TYPE OF PROPERTY DAMAGE, RESULTING FROM (A) YOUR USE OR INABILITY TO USE ANY GDC SITE OR ITS CONTENT, MATERIALS, OR FUNCTIONS; OR (B) THE BEHAVIOR OR ACTIONS OF ANY USER OF A GDC SITE OR ANY OTHER INDIVIDUAL OR ENTITY, EVEN IF WE HAVE BEEN WARNED ABOUT THE LIKELIHOOD OF SUCH DAMAGES. IN ANY CASE, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF THE TYPE (CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE), WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, OR $100 USD (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ACTIVITIES TIED TO ANY GDC SITE.

FURTHERMORE, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS AND LICENSEES, OR THEIR ASSOCIATED VENDORS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS BE RESPONSIBLE FOR ANY DELAYS OR FAILURES IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM EVENTS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO TECHNICAL FAILURES, ELECTRICITY ISSUES, STRIKES, LABOR DISPUTES, CIVIL UNREST, NATURAL DISASTERS, ACTS OF GOD, WARS, GOVERNMENT ACTIONS, OR THE INACTION OF THIRD PARTIES.

YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN GDC SITES AND ANY WEBSITES, SERVICES, SOFTWARE, OR HARDWARE; OR (B) ANY DELAYS OR FAILURES YOU MAY ENCOUNTER WITH TRANSACTIONS RELATED TO GDC SITES THAT IMPACT ACCURACY OR TIMELINESS.

THE LIMITATIONS AND DISCLAIMERS PRESENTED IN THIS SECTION AND ELSEWHERE WITHIN THESE TERMS OF USE APPLY TO THE FULLEST EXTENT ALLOWED BY CURRENT LAW.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS, SO THE DISCLAIMERS MENTIONED IN THESE TERMS OF USE MAY NOT BE APPLICABLE TO YOU.

13. Jurisdictional and Venue Issues

You consent that any legal action arising from these terms of use shall be exclusively filed in courts situated in the British Virgin Islands, and you submit to the jurisdiction of those courts for any related disputes. We do not claim that the materials or content on any GDC Site are appropriate or available for use in all locations. Those who opt to access the GDC Site do so voluntarily and are responsible for adhering to all applicable laws, including local regulations.

14. Amendment

We retain the right to modify, add, or remove sections of these terms of use at our discretion without prior notice. It is your responsibility to review these terms regularly for any updates. Continuing to use any GDC Site after any changes to these terms will be seen as your acknowledgment and acceptance of the revised conditions.

15. Termination

These terms of use remain valid until either you or we terminate them. You can end these terms of use at any time by ceasing your use of all GDC Sites and disposing of any materials acquired from these sites, including all related documentation and copies.

We reserve the right to immediately terminate these terms of use concerning you (including your access to any GDC Sites) without cause or prior notice, at our sole discretion. After termination, you must cease all use of GDC Sites and destroy all materials obtained from them.

We have a clear policy in place for the termination of users who repeatedly infringe copyright laws under suitable circumstances.

Any conditions in these terms of use that, by their nature, are intended to persist beyond termination will remain in effect.

16. General Provisions

The terms outlined here will be interpreted and enforced based on the laws of New York State and federal laws applicable in the United States, without considering conflict of law principles. Should any part of these terms be found illegal, invalid, or unenforceable, that section will be separated from the rest, leaving the remaining provisions intact and enforceable. Additionally, any waiver of our rights under these terms does not imply a waiver of any future rights or other provisions, and our failure to enforce any of these terms does not mean we relinquish our right to enforce it in the future. YOU ACKNOWLEDGE THAT ANY LEGAL ACTION RELATED TO ANY GDC SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE ACTION; OTHERWISE, THE CLAIM WILL BE FOREVER BARRED.

17. Notification and Process for Submitting Claims of Copyright Violation

We can notify our users about copyright infringement through a general announcement on any GDC Site, via email to the user's registered email address, or by sending a physical letter through first-class mail to the user's address on record. If you receive a notice of this kind, you are entitled to submit a counter-notification in writing to the specified agent listed in the original notice, which should include the following details to be considered valid:

1. Your digital or handwritten signature; Identification of the content that has been taken down or restricted, along with the place where it was accessible prior to its removal or restriction; A declaration from you, under penalty of perjury, stating that you genuinely believe the content was removed or restricted due to an error or misidentification; Your full name, physical address, telephone number, and a statement confirming that you agree to the jurisdiction of a Federal District Court either in the district where your physical address is located or, if you reside outside the United States, in any district applicable to GDC, and that you're willing to accept legal documents from the person who sent you the notification regarding the allegedly infringing content or their representative.

18. Language Versions

If there is any inconsistency between the English version of this policy and translations in other languages, the English version will take precedence.