Categories
TERMS OF SERVICE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WEBSITE OR OTHER MATERIALS PROVIDED BY SECOND
PEAK PRODUCTIONS LTD. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU MUST READ AND
ACCEPT THE FOLLOWING TERMS BEFORE USING OUR WEBSITE OR SERVICES.
LAST UPDATED: October 8th, 2024
1. Introduction
1.1 Parties. Our website, accessible at app.gamegrow.co (the “Website”) along with any associated materials, content, and services, including all social media and online community channels, together form the gamegrow platform (the “Platform”). The Platform is owned and operated by The gamegrow Co Ltd. (“gamegrow”, “we”, “us”, or “our”).
1.2 Summary. Through the Platform, gamegrow offers a global network of diverse developers, publishers, and service providers in the gaming industry. Our Platform is designed to support collaboration, business growth, and project management in game development, making it a one-stop destination to help teams meet their production goals and foster creativity.
1.3 Binding Agreement. These terms of service (“Terms”) constitute an agreement between us and you. These Terms govern your use and access of the Platform and the products and services made available by us through the Platform (collectively our “Services”). BY ACCESSING OR USING THE PLATFORM, OR BY CLICKING A BUTTON OR CHECKING A BOX INDICATING THAT YOU ACCEPT THESE TERMS, YOU CONFIRM THAT YOU HAVE READ THESE TERMS AND HEREBY ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM.
1.4 Amendments to Terms. We may update or modify these Terms in the future in accordance with the provisions herein, and you agree that your continued use or access of the Platform after such changes signifies your acceptance of the revised Terms. We will indicate the date of the latest revision at the top of these Terms, and any changes will take effect upon posting. Account holders (“Users”) will be notified of significant changes either by email or via a notice on the Website. Please review this page periodically for the most up-to-date version of these Terms.
1.5 Modifications to Platform. The Platform, including its Services, features, pricing, and content, may be altered, suspended, or terminated by gamegrow at any time, at our sole discretion, without notice. gamegrow is not liable if any part or all of the Platform is unavailable to users for any period.
1.6 NOTICE OF BINDING ARBITRATION; WAIVER OF CLASS ACTION. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE IN SECTION 10.1, WHICH REQUIRES YOU AND GAMEGROW TO RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION UNLESS YOU OPT OUT OR ARE IN A REGION WHERE SUCH A CLAUSE IS NOT PERMITTED. THIS MEANS THAT YOU WILL NOT HAVE THE RIGHT TO HAVE YOUR DISPUTE DECIDED BY A JUDGE OR JURY. IN ADDITION, SECTION 10.2 INCLUDES A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS AGAINST GAMEGROW. PLEASE READ SECTIONS 10.1 AND 10.2 CAREFULLY.
2. Account
2.1 Registration. To access certain features of the Platform, you will need to become an Account Holder by creating an account (“Account”), which involves registering a unique username and password (collectively, “Credentials”). When creating your Account, you must provide accurate and complete information. You are solely responsible for all activity on your Account, including interactions and communications with others, and you must protect your Account and Credentials. As an Account Holder, you also agree to keep your contact information up to date.
2.2 Entities. If you are creating an Account for a business or commercial purpose and are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind that entity to these Terms. In such cases, references to “you” and “your” in these Terms apply to both the entity and the individual acting on its behalf.
2.3 Accounts May Not Be Transferred. Your Account may not be transferred, sold, or otherwise assigned to another party. Your Account and Credentials are specific to you and may not be shared with anyone else.
2.4 Communications with gamegrow. gamegrow may rely on any communication made through your Account. gamegrow is not obligated to verify the actual identity or authority of a person using your Account, but it may, at its discretion, require verification at any time. If gamegrow is not satisfied with the verification provided, it may deny access to your Account.
3. PAYMENT
3.1 Charges. As a service provider on the Platform, you acknowledge and agree that certain Services may result in charges (“Charges”). When you engage in a transaction to provide services to a client through the Platform, you agree to pay a 5% commission fee on all payments made to you in exchange for the exposure and access to clients that the Platform provides.
3.2 Payment. All payments from clients for services rendered through the Platform will be placed into an escrow account (“Escrow Account”) while the work is being carried out. You agree that funds will remain in escrow until the client approves the completed work. By providing valid payment information to initiate services, you confirm that you authorize us (or our third-party payment processor) to process these transactions, including the 5% commission.
3.3 Accurate Information. When engaging in any transaction on the Platform, you are required to provide accurate and complete information, including your name, address, phone number, email address, payment details, and billing information.
3.4 Payment Processor. We may use third-party payment processors to handle transactions. In such cases, payments will be subject to the terms, conditions, and privacy policies of these processors. You are encouraged to review these policies before engaging in transactions.
3.5 Escrow and Refunds. Payments for services rendered on the Platform will be held in the Escrow Account until the client approves the work. If the work is deemed unsatisfactory or not completed in accordance with the agreed terms, the client has the right to request a refund, and the funds held in escrow will be returned to the client. In such cases, the service provider will not receive payment, and the commission will not be charged.
3.6 Commission. The 5% commission fee will only be applied once the client has approved the work and the payment is released from the Escrow Account. If the work is not approved and the client is refunded, no commission will be charged.
4. USE OF THE PLATFORM
5. YOUR CONTENT
5.1 Responsibility for Your Content. You are solely responsible for all content that you submit, upload, or transmit through or in connection with the Platform, including but not limited to text, images, photos, videos, and any information you contribute to your user profile (“Your Content”). You assume all risks associated with Your Content, including others’ reliance on its accuracy, quality, or reliability, and any risks linked to personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as outlined in these Terms. You may not imply that Your Content is endorsed or sponsored by gamegrow unless explicitly agreed to in writing by gamegrow.
You could be held liable if Your Content:
- Contains false, misleading, or defamatory material.
- Violates any third-party rights, including intellectual property, privacy, publicity, or proprietary rights.
- Includes unlawful content, such as illegal hate speech or pornography, or exploits or harms minors.
- Violates any laws or regulations or breaches these Terms.
5.2 Our Right to Use Your Content. By submitting Your Content to the Platform, you grant gamegrow a worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, and transferable right to use Your Content for any purpose. This includes publicly displaying, reformatting, promoting, distributing, and creating derivative works from Your Content. Additionally, you grant other users of the Platform the right to access Your Content in connection with their use of the Platform. You also irrevocably waive any claims related to moral rights or attribution against gamegrow or its users regarding Your Content. “Use” in this context includes copying, performing, displaying, reproducing, distributing, modifying, translating, analyzing, commercializing, and preparing derivative works from Your Content.
5.3 Representations and Warranties. By submitting Your Content to or through the Platform, you represent and warrant that you have the necessary rights to submit it and to grant the license described in Section 5.2. You further represent that all Your Content complies with applicable laws and regulations, as well as the content standards set out in these Terms.
5.4 Ownership of Your Content. You retain ownership of Your Content; however, by submitting it to the Platform, you grant gamegrow the license outlined in Section 5.2.
5.5 Moderation of Your Content. gamegrow reserves the right, at its sole discretion and without notice, to screen, remove, edit, or reinstate Your Content for any reason or no reason, except where otherwise required by law.
5.6 Infringement Reports. gamegrow respects the rights of copyright holders and will respond promptly to any claims of copyright infringement reported on the Platform. If you believe content on the Platform infringes your copyright or that of someone you represent, please report the alleged infringement to us at [info@gamegrow.co].
6. FEEDBACK
6.1 Feedback. By providing us with any ideas, suggestions, documents, or proposals (“Feedback”), you agree to the following terms: (i) your Feedback does not contain any confidential or proprietary information belonging to any third party, (ii) gamegrow is under no obligation to maintain the confidentiality of your Feedback, whether express or implied, (iii) we may already have similar ideas or concepts under consideration or in development, (iv) we are not obligated to review, consider, or implement your Feedback, nor are we required to return any part of the Feedback to you, and (v) you grant gamegrow an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, and transferable license to use, modify, create derivative works from, publish, distribute, and sublicense your Feedback. Additionally, you irrevocably waive any claims or assertions of moral rights regarding the Feedback against gamegrow and its users.
7. THIRD PARTY SERVICES AND CONTENT
7.1 Third Party Content. The Platform may feature content that originates from sources other than gamegrow or its users (“Third Party Content”) or include links to external websites or applications (each referred to as a “Third Party Service”). gamegrow does not control or endorse any Third Party Content or Third Party Services. You acknowledge and agree that gamegrow is not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Services. Your use of and reliance on any Third Party Content or Third Party Services is at your own risk. Additionally, some of the services available through the Platform and Third Party Services may be subject to additional third-party terms of service, privacy policies, licensing terms, and other relevant terms, conditions, and policies. It is your responsibility to review and understand any applicable third-party terms before using such services.
8. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
8.1 Disclaimer of Warranties. You acknowledge and agree that your use of the Platform is at your own risk. The Platform, including the associated products and services available through it, is provided on an “as is” and “as available” basis without any representations, warranties, or conditions of any kind, whether express or implied. To the maximum extent permitted by applicable law, gamegrow disclaims all warranties and conditions regarding the Platform and its products and services. This includes, but is not limited to, implied warranties of merchantability, quality, performance, fitness for a particular purpose, completeness, accuracy, currency, reliability, effectiveness, usability, and non-infringement. We cannot guarantee that the Platform will operate without errors, interruptions, or downtime.
8.2 Limitation of Liability. You expressly understand and agree that, to the maximum extent permitted by applicable law, gamegrow and its directors, officers, employees, partners, joint ventures, licensors (excluding other users), agents, affiliates, successors, assigns, and subsidiaries (collectively, the “Representatives”) will not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, punitive, or other damages whatsoever. This includes, but is not limited to, damages related to loss of profits, revenues, property damage, goodwill, use, data loss, personal injury, lost opportunities, reputation damage, commercial loss, financial loss, or intangible losses, regardless of the theory of liability. This limitation applies even if gamegrow or its Representatives have been advised of the possibility of such damages. Specifically, gamegrow and its Representatives will not be liable for damages arising from: (a) your use of or reliance on the Platform; (b) your inability to access or use the Platform for any reason; (c) your reliance on content, third-party content, or information available on the Platform; (d) your use of products or services sold or made available through the Platform; (e) any actions you take or fail to take as a result of your use of the Platform; or (f) any other matters related to the Platform.
8.3 Liability Cap. Without limiting the generality of Section 8.2, gamegrow and its Representatives’ aggregate liability under these Terms shall not exceed the total amount you paid gamegrow in the three months immediately preceding the event that gave rise to the claim (or, if you used the Platform for free, the cumulative liability will not exceed £10.00 GBP).
8.4 Limitation Period. Any cause of action or claim you may have arising out of or related to these Terms or your use of the Platform must be initiated in arbitration within one (1) year after the cause of action accrues. After this one (1)-year period, any such cause of action or claim is permanently barred.
8.5 Security Breach. While gamegrow strives to protect your personal information and account from security breaches, we cannot guarantee its safety or security. If you suspect that a security breach is occurring or may occur, you must notify us immediately. By using the Platform, you agree to release gamegrow and its Representatives from all liability for any harm, injury, loss, or damages resulting from a security breach, failure, or shortcoming of the services, to the maximum extent permitted by applicable law.
8.6 Legal Limitation. Notwithstanding any other provision in these Terms, if applicable law limits or prohibits the application of Sections 8.1 to 8.5, then GameGrow and its Representatives’ liability will be limited to the maximum extent permissible.
8.7 Indemnification. You agree to defend, indemnify, and hold harmless GameGrow and its Representatives from any claims, proceedings, suits, disputes, demands, threats, actions, obligations, liabilities, costs (including legal and accounting fees), damages, losses, penalties, fees, expenses, and injuries arising from: (a) your use of the Platform; (b) your breach of these Terms; (c) any violation of any person’s rights caused by you; or (d) your violation of any laws, regulations, orders, or by-laws. GameGrow reserves the right to assume exclusive defense and control over any matter subject to indemnification by you and you shall not settle any matter without GameGrow’s prior written consent. You will cooperate fully as reasonably required in the defense of any indemnified claim.
8.8 Reliance. You understand and agree that gamegrow is providing the Platform to you based on the limitations and exclusions of liability, indemnities, releases, and disclaimers set forth herein, which form an essential part of the contract between you and gamegrow. You agree that these limitations and exclusions will survive and apply in cases of a fundamental breach, failure of essential contract purposes, failure of any exclusive remedy, or the termination, suspension, or cancellation of your account or use of the Platform.
9. TERMINATION
9.1 Termination of Your Account. You can terminate your account by sending an email to [info@gamegrow.co] with your deletion request and following the instructions we provide. We also reserve the right to terminate or disable your account (either fully or for certain features) at any time and for any reason, or no reason at all, in our sole discretion and without notice to you. This includes situations where you breach these Terms or if we suspect that a breach has occurred or that your account’s security has been compromised.
9.2 Effect of Account Termination. Upon termination of your account by either party, you will lose access to all information and materials stored in your account. You will also lose the ability to use certain features of the Platform. Even after your account is terminated, we reserve the right to retain information and content associated with your account for archiving, backup, auditing, investigation, and legal compliance purposes. To completely delete your account, you must submit a specific deletion request to [info@gamegrow.co]. Terminating your account will not release you from any prior obligations incurred under these Terms.
9.3 Termination of Platform. gamegrow may terminate these Terms or cease providing the Platform to you at any time at its sole discretion.
10. DISPUTES
10.1 Arbitration. If the courts in your province, state, or country do not allow you to consent to binding arbitration, any legal suit, action, or proceeding arising from or related to these Terms will be exclusively brought in the courts of England and Wales. By doing so, you irrevocably submit to the exclusive jurisdiction of these courts. Otherwise, in the event of a dispute between you and gamegrow related to these Terms, the Platform, Products, or the relationship between you and gamegrow, both parties agree to consult and negotiate with each other to attempt to find a satisfactory solution. If a settlement cannot be reached within 60 days, the dispute will be referred to mandatory and binding arbitration under the International Commercial Arbitration Rules of Procedure of the London International Arbitration Centre. The appointing authority will be the London International Arbitration Centre, which will administer the case according to its Rules. The arbitration will take place in London, England, with one arbitrator unless otherwise required by the Rules. The arbitration proceedings will be conducted in English, and the existence and content of the arbitration, including all documents and correspondence, will remain confidential and not disclosed to third parties (except for professional advisors) without prior written consent from the other party, unless required by law or court order. gamegrow may seek injunctive or equitable relief in any court of competent jurisdiction to protect its rights.
You may opt out of the arbitration clause. If you do, neither you nor gamegrow can compel the other to participate in arbitration regarding any disputes arising from these Terms, the Platform, Products, or the relationship between you and gamegrow. To opt out, you must deliver a clear written statement to gamegrow within 30 days of accepting these Terms, indicating your desire to opt out. This statement must include: (a) your name; (b) your address; (c) your telephone number; (d) your email address; and (e) your Account name (if applicable). Send your opt-out statement to:
the gamegrow co Ltd.
[info@gamegrow.co]
If you successfully opt out of the arbitration clause as described above, and if the first sentence of this section does not apply to you, you agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute, claim, or controversy arising from or related to these Terms, the Platform, Products, or your relationship with gamegrow.
10.2 Waiver. You agree to waive any right you may have to commence or participate in any class action against gamegrow regarding any claims, and you also agree to opt out of any class proceedings against gamegrow. If a dispute arises, you waive any right to participate in a trial by jury related to that dispute.
10.3 Trial by Jury Waiver. If a dispute arises between you and gamegrow, you waive any right you may have to participate in a trial by jury regarding any claims you may have against gamegrow.
11. PRIVACY
11.1 Privacy. We take your privacy seriously. To learn about how we collect, share, and use your information and content, please read our Privacy Policy. The Privacy Policy is an integral part of these Terms and is incorporated by reference.