GameDiscoverCo – Basic Terms & Conditions
1. About GameDiscoverCo and these Terms
1.1. We are Game Discovery Now LLC (known as GameDiscoverCo) ("GDC"), based at 1401 21st St #10597, Sacramento, CA 95811, United States Of America.
1.2. By accessing or using this website and related services, including any GDC Basic paid subscription for access to additional data, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, you must not use the website or any services offered by GDC. These Terms constitute a legally binding agreement between you and GDC.
1.3. For GDC Pro paid subscriptions, the terms governing your use of the Services is governed by the separate contract between you and GDC.
1.4. If you have any questions about these Terms, please email GDC at contact@gamediscover.co.
2. Scope of Services and Paid Subscriptions
2.1. The data, insights, and any accompanying content on the GDC website, newsletter and through the GameDiscoverCo Basic data services (collectively, the “Services”) are based on information primarily sourced from third-party platforms.
2.2. If you choose to subscribe to any paid for Services, including the GameDiscoverCo Basic data services you agree: (i) to provide true, accurate, current, and complete information about yourself during the subscription process; and (ii) that your access to these premium features is contingent on receipt of payment of all applicable fees.
3. Acceptable Use and Account Security
3.1. In using the GDC website and its Services, you agree not to engage in any unlawful or prohibited activities. You agree not to:
- probe, scan or test the vulnerability of system or network of the Services;
- breach or otherwise circumvent any security or authentication measures, including for the user accounts;
- access, tamper with or use non-public areas or parts of the Services or shared areas of the Service you have not been invited to;
- enerate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (‘spam’) or false source-identifying information (‘spoofing’ or ‘fishing’);
- copy, sublicence, resell or distribute the Services (or any content within it, including without limitation any data or other metadata);
- ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate user accounts;
- inundate a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective (‘DDoS’) or any other similar activities including mail bombing, news bombing, broadcast attacks, or flooding techniques;
- modify, merge, distribute, translate, reverse engineer, decompile, disassemble, create derivative works of, hack or interfere with the Services or any part of it (except as expressly permitted by applicable law);
- use the Services in any way which: (i) is illegal, fraudulent or infringes third party rights; or (iii) that may be harmful to GDC, its operations and/or reputation;
- intercept, mine or otherwise collect data or information from the Service using unauthorised third party software or otherwise;
- access or attempt to access areas of the Services or servers that have not been made available;
- transmit any data, send or upload any material that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, or that may in any way damage or interfere with the operation of the Services;
- access the Services in any manner that is intended to avoid incurring applicable fees; and/or
- attempt to access, copy, steal, modify or otherwise interact with any third party content, code, assets, data, materials, or information stored or located on the Services unless expressly permitted under these Terms.
3.2. Your account and any Services provided by GDC to you are personal to you and should not be shared with or transferred to any other person (except as permitted below for company-wide GameDiscoverCo Basic subscribers).
3.3. If your account is part of a company-wide GameDiscoverCo Basic subscription, GDC grants you a revocable, non-exclusive, and non-transferable licence to share the Services within your company and to use such Services for your internal, lawful business purposes in accordance with these Terms.
3.4. You are responsible for maintaining the confidentiality and security of your account and account credentials. You agree to notify GDC immediately of any unauthorised use of your account or any other breach of security.
4. Non-Reliance and No Professional Advice
4.1. While GDC undertakes reasonable efforts to ensure that all materials are accurate and current, GDC makes no representations, warranties, or guarantees of any kind, whether express or implied, about their completeness, reliability, currency, or accuracy, including without limitation implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within the Services. GDC makes no representations, warranties or guarantees of any kind regarding the availability or operation of the Services, or that the Services, will be secure, uninterrupted or free of defects. The Services are provided on an “as is”, “as available” basis.
4.2. Any action you take based on information from GDC is at your own risk. The information, analyses, data and insights offered by GDC are not intended to constitute legal, financial, or other professional advice. You should seek tailored advice from qualified professionals with due consideration of the specific circumstances of your business.
5. Third-Party Links and Content
5.1. The GDC website or Services may occasionally contain links to third-party websites or resources for your convenience. These links are provided solely as a convenience. GDC does not have control over such external websites or resources and disclaims any responsibility for their content, accuracy, or availability. Your use of third-party websites is at your own risk, and GDC bears no liability for any loss or damages arising from your use of such external sites.
6. Intellectual Property
6.1. All content made available through GDC, including but not limited to the website’s design, text, graphics, images, data, and software (the “GDC Property”), belongs either to GDC or to third parties who have granted GDC the right to use such content. You may not copy, reproduce, repurpose, distribute, modify, create derivative works from, or exploit any GDC Property unless expressly permitted by these Terms or by GDC in writing.
7. Modification
7.1. GDC reserves the right to modify the website, Services, or these Terms at any time. GDC will endeavour to provide prior notice of any material changes. Your continued use of any portion of the website or Services following the posting of updated Terms constitutes acceptance of those updated Terms. GDC may terminate your access to the website or Services at its discretion if you fail to comply with these Terms or if we suspect any fraudulent, abusive, or illegal activity.
7.2. Your access to the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. GDC will try to limit the frequency and duration of any planned disruption but it will not be liable to you if for any reason any of the Services are unavailable at any time or for any period.
8. Limitation of Liability
8.1. To the fullest extent permitted by law, GDC disclaims all liability for any claim, loss, injury, or damages of any kind, including indirect, special, punitive, incidental, or consequential damages, arising out of or in connection with your use of (or inability to use) the website, Services, or any data provided. This disclaimer applies whether the basis of the liability is a claim in contract, tort, negligence, strict liability, or otherwise.
9. Termination
9.1. GDC may terminate or suspend the Services immediately if you breach these Terms, including without limitation failure to pay for the relevant Services or if you become insolvent. In the event that GDC decides to stop providing the Services, we will make reasonable endeavours to notify you of this.
9.2. You can also terminate the Services by cancelling your subscription in Substack before the date of renewal.
9.3. Upon termination, your access to the Services will cease.
9.4. Clauses intended to survive termination, or necessary for its interpretation or enforcement, including Section 4 (Non-Reliance and No Professional Advice), 6 (Intellectual Property), 8 (Limitation of Liability), 11 (Governing Law) and 12 (General Provisions) shall survive termination.
10. Force Majeure
10.1. GDC is not liable for any failure or delay in performance of the Services due to events beyond its reasonable control.
11. Governing Law and Dispute Resolution
11.1. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation shall be governed by and construed in accordance with the law of England. Any dispute arising out of or in connection with it or its subject matter or formation of these Terms will be subject to the exclusive jurisdiction of the courts of England.
12. General Provisions
12.1. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms remain in full force and effect. No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach. You may not assign or otherwise transfer any of your rights or obligations under these Terms without GDC’s prior written consent. GDC may assign these Terms, in whole or in part, with reasonable notice to you.