Terms & Conditions
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 2 Maple Court, Davenport Street, Macclesfield, Cheshire, SK10 1JE, 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.
- 2.1 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.
- 4.1 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.
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.
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.
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
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 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.
Acceptable Usage Policy
By using any of thegamecreators.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.
5.1 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.
7.1 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.