Last updated September 29th 2023
This Terms of Service Agreement (“Agreement”) is a legal document that outlines and explains your rights and obligations as a user or competitor from Ace Lagoon Oy (“Ace”), a Finnish company (business ID 3150417-2), having its registered office at Tekniikantie 14, 02150 Espoo, Finland, regarding your use of the Game Development World Championship (“GDWC”) website and related services ("Service"). Use of the GDWC is also governed by Ace's Privacy Policy, the Game Development World Championship Rules, and other relevant policies which are incorporated here by reference.
We encourage you to read through the Agreement carefully before using the Service. We’ve also provided a brief summary of each of the segments, which are intended to work as a guide and do not constitute a part of the agreement itself.
GDWC is a competition and service platform accessed through thegdwc.com website and possible alternative websites and addresses, all owned and operated by Ace. By registering an account and using the Service, you agree to be bound by the terms of this Agreement.
Summary: This agreement is between you and Ace Lagoon Oy. You agree to these terms by using the Service.
2.1. Users. If you register an account to access any content, features, and services offered by the Service you agree to be bound to the terms of this Agreement as a platform user (“User”). Users affirm that they are over the age of 13, as the Service is not intended for children under 13. Users also affirm that they are at least the minimum required age to use Service as required by their local laws. Users under the age of 18 affirm that they possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement. Users at or over the age of 18 affirm that they are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement. Users also affirm that they provide accurate age and location information as is necessary to limit access to certain content, features, and services according to applicable laws and regulations. User related terms may also apply to non-registered users.
2.2. Competitors. If you register an account to participate in the GDWC, any other competition or event hosted on the Service, or otherwise host, showcase, or represent your content on the Service, you agree to be bound to the terms of this Agreement as a competitor (“Competitor”). Competitors agree to be bound by the same terms as Users except where otherwise instructed. Competitors also agree to be bound by the GDWC Rules and or any other applicable rules and regulations related to the competition, event, or other feature they are specifically participating in. Competitors affirm that they are 18 years or older of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
2.3. Other contributors. Any person who otherwise than described in points 2.1. or 2.2. hosts, showcases, or represents content on the Service is judged to be Competitor in the relevant parts of this Agreement.
Summary: If you just register an account to access the site, you’re a User. If you participate in any of the competitions, you’re a Competitor. Users must be 13 or older. Competitors must be at least 18 or have the legal right, like parental or guardian approval, to enter into this agreement.
Ace’s goal is to create a safe environment for all users of the Service. To achieve this the community must be built on positive, respectful, and responsive behaviour by its members. Any submitted content or other actions that, in Ace’s sole discretion, is considered inappropriate or otherwise degrades the Service experience for other users may result in termination of user account and / or removal of any or all related content without prior notice.
This safe user environment goal and any related rules also affect any Ace or GDWC hosted and managed communities in 3rd party platforms.
Summary: Behave, be friendly and polite, as any misbehaviour can lead to terminating your account.
Competitors are solely responsible for the content they upload and distribute on the Service. Competitors affirm, represent, and warrant that they own or have the rights, licenses, permissions and consents necessary to publish, duplicate, and distribute the submitted content. By submitting content to the Service, Competitors also grant a license to Ace for all patent, trademark, trade secret, copyright or other proprietary rights in and to the Content for publication on the Service, pursuant to this Agreement. Ace does not endorse copyright infringing activities or other intellectual property infringing activities and violations may result in the removal of content if the Ace is notified of such violations. Removal and termination of accounts may occur without prior notice.
Summary: You allow us to promote your game with screenshots, cover-images, videos, and other promotional material you have provided. You affirm that you have the right to upload your content, and that Ace and the users of the Service can view and use content without violating anybody else’s rights. We emphasize that as a Competitor you do not transfer any ownership rights to your game or other content.
Participating in Raffles, Giveaways or other such events and competitions ("Raffles") organized by Ace does not require registering to Service or the GDWC unless otherwise stated. Raffle participants may be required to provide additional information, for example email address, for the purposes of facilitating the Raffle, in which case the data provided will be handled according to Ace's Privacy Policy.
Ace reserves the right to disqualify any participant in a Raffle for any reason, including but not limited to, not being able to reach the Raffle winner in a reasonable time as determined by Ace. If the Raffle winner is disqualified for any reason, Ace may at it's discretion, choose a new winner or leave the reward unallocated. Raffle rewards can't be changed to money or other rewards.
Raffles may be governed by separate or additional rules or Terms. By participating in a Raffle participant represents and guarantees to Ace that they are at or older than the minimum required legal age and have the legal capacity required by their country and legal jurisdiction to participate, and that they have read and accepted these Terms of Service, and any other Rules which may apply to the Raffle in question.
If a giveaway, raffle, or other prize receiver is under the age of 18 or their local legal adulthood, the reward will be paid to the legal guardian or representative.
Recipients of giveaway, raffle, or other prizes are responsible for any taxes, tolls, or other charges applied to their prize or prizes by their local laws.
In case of cash money prizes and unless otherwise stated, the prize money will be paid to the bank account announced by the receiver of the prize. Ace, GDWC, or 3rd party organizing the giveaway, raffle, or other prize, will enquire the account information from the receivers.
Voting or otherwise engaging with games or other content on the Service is open to all users and does not require registering an account unless otherwise specified. Unless otherwise specified, a user can cast a single vote in any individual vote or similar event or mechanism in the Service. Using any methods, automated or otherwise, to circumvent the voting and engagment limitations may result in disqualification and removal of any votes or other engagement deemed fraudulent by Ace, and may result in removal of games, user accounts, or other content in connection with said fraudulent votes.
YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR OWN RISK. ACE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USE THEREOF TO THE FULLEST EXTENT PERMITTED BY LAW. ACE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE SITE’S CONTENT, OR THE CONTENT OF ANY COMPETITOR LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, © ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF ACCESS TO OUR SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ACE OR ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR YOUR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, YOUR ACCOUNT, OR YOUR SUBMITTED CONTENT, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACE, THE SERVICE, OR THE CONTENT, EVEN IN THE EVENT OF THE ACE’S OR ITS AFFILIATES’ FAULT, TORT (EXCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF ACE’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, EACH OF ACE AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Summary Users can terminate their account at any time. Competitors can terminate at any time as well, and Ace will comply with removing submitted content. Certain sections of the Terms of Service relating to how the agreement is interpreted and administered will still apply, even if you terminate your account.
This Agreement commences on the date you first register an account and will continue in effect unless otherwise terminated in accordance with this Agreement.
Users may terminate their account at any time. You may cease to use your account, or if you so choose, may request that Ace terminate your access to your account. User accounts may not be transferred, sold, or assigned to a third party, and such actions may result in account termination.
Termination by Competitors. Competitors may terminate their account at any time. Competitors may request the removal of content, and Ace will comply within a reasonable time. Some Competitor submitted content may be retained on the Service by Ace to represent Competitor’s position in the competition and in such cases Competitor may not be able to directly remove their content and has to reach out to Ace to request removal. For example, winning games will be showcased in the site in capacity deemed appropriate and necessary by Ace, even after removal request by the Competitor.
Survival. Sections 4, 7, 8, 10, 11, 12, and 14 will survive any expiration or termination of this Agreement.
Summary: Users can terminate their account at any time. Competitors can terminate at any time as well, and Ace will comply with removing submitted content but for winning games and other content some representation will be left on the Service. Certain sections of the Terms of Service relating to how the agreement is interpreted and administered will still apply, even if you terminate your account.
This Agreement shall be governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising out of, or in relation to, this Agreement, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Finnish Rules of International Arbitration of the Finnish Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of the arbitration shall be Helsinki, Finland. The language of the arbitration shall be English, unless the Parties jointly agree on different language.
Summary: This agreement is governed by the laws of Finland.
YOU AND ACE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF ARBITRATION PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. You and Ace also agree not to seek to combine any action with any other action without the consent of all parties to this Agreement and all other actions.
If the agreement in this Section not to bring or participate in a class, collective or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and Ace agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in a class or collective action.
Summary: Any possible dispute related to this Agreement can not be consolidated into a class action lawsuit.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Ace and its Affiliates, from and against all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including but not limited to attorneys’ fees) arising from: (a) your use and access of the service; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, trademark, property or privacy right; (d) any claim that your submitted content caused damage to a third party.
Summary: You agree to pay for any of Ace’s damages and costs if your game, other submission, or actions causes damage to a third party.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ace without restriction.
Summary: You are not allowed to assign this agreement, but Ace can assign this agreement.
These Terms of Service, together with the Privacy Policy, GDWC Rules, and any other legal notices published by Ace on the Service, shall constitute the entire agreement between you and Ace concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ace’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Ace reserves the right to modify and amend these Terms of Service, the Privacy Policy, GDWC Rules, and any other legal notices at any time and without notice, and it is your responsibility to review these Terms of Service, Privacy Policy, GDWC Rules, and any other legal notices for any changes. Your use of the Service following any amendment of these Terms of Service, Privacy Policy, GDWC Rules, and any other legal notices will signify your assent to and acceptance of its revised terms. Headings and the simplified description of sections are provided for convenience and shall not affect the interpretation of this Agreement. YOU AND ACE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
