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The Game Creators Terms and Privacy Policy

Terms & Conditions

1. Definitions

In this document the following words shall have the following meanings:

  • 1.1 "Buyer" means the person who buys Goods from the Seller;
  • 1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
  • 1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
  • 1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
  • 1.4 "Seller" means The Game Creators of 4 Nancy View, Bollington, Cheshire, SK10 5QG, United Kingdom;
  • 1.5 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2. General

  • 2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
  • 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
  • 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
  • 2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
  • 2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

3. Price And Payment

  • 3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is exclusive of VAT and exclusive of any delivery charges.
  • 3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
  • 3.3 Gift Vouchers have an expiry date of 6 months from date of voucher issue.
  • 3.4 Vouchers cannot be used retrospectively, ie applied to orders already placed with us.
  • 3.5 Vouchers cannot be refunded.
  • 3.6 Vouchers can only be used to purchase software (in full or part) from the TGC web site.
  • 3.7 Vouchers cannot be used to purchase game creator store points.

4. Delivery

  • 4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
  • 4.2 All Goods, wherever possible, will be delivered within 14 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  • 4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
  • 4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
  • 4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

5. Warrenty

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.

6. Cancellation And Returns

  • 6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract.
  • 6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
  • 6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
  • 6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
  • 6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.

7. Guarantees

In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 90 days from the date of delivery.

8. Limitation Of Liability

  • 8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
  • 8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

9. Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

10. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

11. Governing Law And Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.



Website usage terms and conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Game Creators Ltd relationship with you in relation to this website.

The term The Game Creators or 'us' or 'we' or 'TGC' refers to the owner of the website whose registered office is 4 Nancy View, Bollington, Cheshire, SK10 5QG, United Kingdom. Our company registration number is 03738984 and place of registration is England. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without The Game Creator's prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.


Privacy Statement for The Game Creators Limited

The Game Creators Limited has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. This is collected in the standard Apache web log files.

Cookies

Our Web Site issues cookies to store persistent information such as the desired page layout and login status across pages. These cookies will not contain any personally identifiable information.

Registration Forms

Our site's registration form requires users to give us contact information (like their name and email address). Financial information (like their bank account or credit card numbers) are only requested by your chosen on-line payment method via secure connection.

Contact information from the registration forms is used to get in touch with the customer when necessary.

No mailings will be sent to you other than ones to do with your order or if you have opted in to any of our newsfeeds.

Financial information that is collected is used to bill the user for products and services by the Global Collect and PayPal services. At no time does The Game Creators Limited see your card or bank details.

Order Forms

Our site uses an order form for customers to request information, products, and services. We collect contact information (like their email address) for internal use only.

Contact information from the order forms is used to get in touch with the visitor when necessary.

No mailings will be sent to you other than ones to do with your order or if you have opted in to any of our newsfeeds.

External Links

This site may contain links to other sites. The Game Creators Limited are not responsible for the privacy practices or the content of such Web sites and you visit them at your own risk.

Public Forums

This site makes message boards available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Data Quality / Access

This site gives users the following options for changing and modifying information previously provided:

You can edit your details by using the User Control Panel after logging into the site. If you do not have a User Account then no details can be changed.

Advertising

We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and would like to know your options in relation to not having this information used by this process, click here.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us using our feedback form.

Last Updated: 28th August 2013



Acceptable Usage Policy

By using any of thegamecreator.com websites or any of our services you agree to our Acceptable Usage Policy described on this page. If you do not accept these terms you are not allowed to use, download or store any files or information from our sites.

1. Software Download Rules

Our files collection has been carefully put together to form a high quality archive of game development software and resources spanning years of work. For all files offered here the following rules apply:

  • 1.1 Please do not use mass downloading tools or accelerators
  • 1.2 Do not mirror our file collection without express written permission
  • 1.3 Do not link to our files directly without express written permission
  • 1.4 Do not redistribute our file collection without express written permission
  • 1.5 You use all files presented on this site at your own risk
  • 1.6 Unless stated otherwise there is no support for non-product files downloaded

2. Website Usage Rules

We spent many years collecting the information presented on our websites. This includes user testing, taking screen shots, writing reviews and content related to software and products on offer. For all of our websites the following rules apply:

  • 2.1 Do not make offline versions of our websites
  • 2.2 Do not mirror our website unless you are an official publisher
  • 2.3 Do not link into search results without express written permission
  • 2.4 Do not extract or reuse any information from our site without express written permission
  • 2.5 You use all information presented on this site at your own risk

3. Forums Rules

Our Forums allow users of this site to post messages and discussions thereof. This is an automated post-moderated function (not pre-moderated). We cannot and will not be held responsible for the content of such third party addition. For the Forums and all interactive areas of our websites the following rules apply:

  • 3.1 Do not upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable

The following software related topics, and discussion of them, are banned from all of our forums:

  • 3.2 Advertising websites that are not on-topic
  • 3.3 Spam / Pyramid schemes
  • 3.4 Links to illegal software, illegal software sites, or illega Bit Torrents/p2p sites
  • 3.4a Links to ebay or similar auctions for any of our software
  • 3.5 Serial numbers or Cracks for any piece of software, made by any company
  • 3.6 Anything considered "adult" material (be it pornographic or horrific)

Due to continuous problems the following subjects are also banned from discussion on all of our forums:

  • 3.7 Debate about religious belief or any tangent of religion
  • 3.8 Debate about any form of pro or anti government sentiments, irrespective of which government
  • 3.9 Debate about any form of creationist / evolutionary theories
  • 3.10 Debate about abortion

3.11 We do not tolerate posts made for the purpose of putting down another forum member, group of members, religion, our company, our staff or any of our moderators, past or present.

3.12 We do not tolerate 'trolling', the process of posting inflamatory messages for the sake of starting an argument, or being plain obnoxious.

3.13 If your message violates any or all of the points above we reserve the right to take action against you. This can include restrictions such as: Temporary or full bans from our forum. IP/subnet/domain/ISP level blocking of access to our forum AND website, including your Order History. Refusal of all product related support. Removal of rights to purchase from our store.

We would prefer that we never have to enforce any of these, so keep your forum activity in check and it should never need to happen.

3.14 We will treat breaches of any of the above rules seriously. We will cooperate with all law enforcement agencies should they contact us regarding breach of any law. When dealing with a law enforcement agency we will hand over any information we have about you if requested. There are no exceptions. Your privacy rights do not apply in this instance. We fully support all forms of anti-criminal activity and crime-fighting organisations, including anti-piracy bodies. Should you use pirated software do not talk about or mention this on our forum in any manner at all, or even imply it, because we will fully support any organisation that challenges a copyright infringement, including passing to them any information we have.

3.15 Being a customer of The Game Creators gives no right to being allowed access to our forum.

3.16 If you upload a file to our forum, all of the points raised in sections 3, 4 and 5 of this AUP come into play.

3.17 Our forums are moderated by both TGC employees and trusted non-paid members of the public who volunteer their services and time for the benefit of the community. By using our forums you automatically agree that they cannot be held personally responsible for any actions arising from these forums. You agree that moderators shall, at their discretion, determine what constitutes a violation of these terms, along with generally accepted netiquette standards, and can take action against those who voilate these rules.

3.18 - If you are under the age of 18, you may not post your age, post a self image, or self video. Doing so may result in a temporary or full ban.

4. Censorship and Legal Actions

4.1 While we actively post-moderate our forum messages, due to the nature of the Internet sometimes things can get "out of hand". People may start to attack others in a personal often alarming manner. In these instances we will do our best to cancel/remove the account of the perpetrator. Your own perceptions of "what is offensive" do not apply.

4.2 We will cancel/remove accounts at our discretion only. Do not threaten us with "legal action" against someone harassing you on the forum. The forums are public places of debate, if you do not like someones message then ignore it. We will not support any legal activity or claims unless specifically directed to us by a solicitor / law firm or law enforcement agency. We and we alone decide if a forum post violates our terms and conditions and it is left up to us if we should remove such a post. The majority of the time we will respect your wishes, but we and we alone make the final decision and there is no appeal process.

5. Copyrights

5.1 All third party files offered on our web sites remain the copyright of their respective holders. The postings made in the Forums remain the copyright of their respective author.

5.2 By posting your messages / files and screen shots to our web sites you are giving us express permission to display and redistribute those files in any manner we see fit including all forms of digital and printed media.

5.3 If you wish to post screen shots / files that are of work controlled under copyright and/or distribution restrictions then you must obtain permission from us before doing so, otherwise you forfeit this right. The content of all web sites, unless stated otherwise, is (C) Copyright The Game Creators Ltd, all rights reserved.

6. Names, trademarks and logos

6.1 All names, trademarks and logos used on our web sites are used for the sole purpose of textual and graphical identification and still remain the property of their respective owners and holders at all times.

7. Disclaimer

7.1 Neither any partner company, associate, developer or member of The Game Creators Ltd staff may be held responsible for any damage which may be caused by using any files / information offered on any of our web sites. While we endevour to ensure all information and files are accurate and error free, you use all at your own risk.