Terms and Conditions

1. Introduction

The terms “we,” “us,” or “our” collectively refer to GDC Media Limited (referred to as “GDC”) and any entities under the control or affiliation of GDC.

Prior to using any GDC site, it is crucial that you carefully read and comprehend the terms of use. By accessing any GDC site, you are agreeing to abide by these terms. If you do not agree with the terms, you are not allowed to use the GDC sites. We reserve the right to modify these terms at any time, as described in section 15 titled “Amendment”.

2. Consideration

By using the GDC Sites, you acknowledge that you agree to the terms of use, which are supported by fair and valuable consideration. This includes access to data, materials, and information on the GDC Sites, as well as the potential for us to review, use, or display your Submissions. Publicity and promotion may also result from our review, use, or display of your Submissions.

3. Restrictions on Use of Material

The content, information, and materials on GDC Sites are protected by copyright and owned by us or our licensors. Trademarks and trade dress on the sites belong to us or our licensors. You are not permitted to copy, reproduce, republish, upload, post, transmit, or distribute any content from GDC Sites or any other website controlled by us. You may download one copy for personal, noncommercial use, but must keep all copyright notices intact and refrain from making any modifications. Using GDC Site materials on other websites or computer environments is not allowed.

The GDC Sites are meant for individual use only. Commercial use or any illegal or harmful activities on the GDC Sites are strictly prohibited and will be determined at the sole discretion of the site administrators.

4. Submissions

When you send us any unsolicited content, information, or materials (referred to as “Submissions”) through various features or activities on any GDC Site, you are giving us and our authorized users full rights to use these Submissions for any purpose, commercial or otherwise, without needing permission or compensation from you or any other party. This includes User-Generated Content like data, text, images, videos, and more. We are not required to keep any Submissions confidential and will not be held responsible for their use or disclosure.<br><br>You are also granting us a perpetual, worldwide license to use, reproduce, distribute, and create derivative works based on your Submissions in all media formats and channels. If your Submissions contain original music, you confirm that you have the necessary rights to license the music to us. Furthermore, if we request Submissions that involve our copyrighted works, you are given a non-exclusive license to create derivative works using our materials, on the condition that you transfer all rights in the work to us.<br><br>Your acceptance of these terms is valid regardless of whether your Submissions are ultimately utilized by us.

By accepting these terms of use, you give us permission to represent you and authorize us to sign any required documents or take any necessary actions to validate the rights, consents, agreements, assignments, and waivers described in this agreement.

By submitting content, you acknowledge that you are not doing so in confidence or trust and that no confidential or fiduciary relationship is being established between you and us. If there are any moral rights or similar rights in the submissions that are not solely owned by us, you agree not to enforce those rights against us or our partners, and you will ensure that others with such rights also agree not to enforce them.

When you submit your content to us, you are confirming that you agree to uphold any previously granted rights, consents, agreements, assignments, and waivers related to your submissions, while still retaining the ability to enter into future agreements or grants of rights.

5. Registration Information and Security

By agreeing to our registration processes, you agree to provide, maintain, and update accurate, current, and complete information about yourself (referred to as “Registration Data”). If you fail to comply with this requirement or if we have reason to believe otherwise, we reserve the right to suspend or terminate your account and deny access to any GDC Site (or its sections) both now and in the future.

By promptly notifying us through the form at https://kax.ie/#contact of any unauthorized use of your username, password, or other account information, as well as any security breaches related to any GDC Site, you also agree to log out of your account at the end of each session.

We are not liable for any losses or damages that may occur if you do not follow the guidelines outlined in this section.

6. Public Forums and Communication

A “Public Forum” on any GDC Site is a special area where users can share, view, and engage with User-Generated Content, as well as communicate with other users and members of the public via chat rooms, message boards, and social community features.

When you submit anything to a GDC Site through a Public Forum, you acknowledge that it may be processed through our servers, third-party servers, and the Internet, and may be visible to the general public. As such, you should not anticipate privacy for any submissions. Public Forums are designed for public, not private, communication. We cannot ensure the security of any information shared through these platforms, so you are doing so at your own risk.

You are completely accountable for any User-Generated Content that you submit or post under your username in Public Forums, and you are responsible for the outcomes of submitting and posting it. You understand that using User-Generated Content in Public Forums comes with risks. We do not support or accept responsibility for the opinions, advice, or recommendations posted by users in Public Forums, and we deny any liability associated with them.

We reserve the right to review, reject, delete, or modify User-Generated Content without prior notice at our discretion. Content posted in a Public Forum may be delayed for review. If we have any questions or concerns about your content, such as copyright issues, we may contact you for clarification or verification.

Caution should be exercised when engaging in a Public Forum. It is advised not to trust others’ identities, knowledge, or affiliations blindly. Information shared in these forums may be unreliable, so it is not advisable to make important decisions solely based on unverified information. We do not guarantee the accuracy of User-Generated Content in Public Forums, and we are not accountable for any repercussions arising from decisions made based on such information.

Accessing and browsing User-Generated Content on a Public Forum, as well as submitting or posting User-Generated Content, may be subject to age restrictions and procedures that are subject to change at our discretion. Any age restrictions and procedures will be clearly outlined in the Public Forum.

7. House Rules

When utilizing the GDC Sites, you are agreeing to abide by the specified House Rules.

Sharing User-Generated Content that is defamatory, abusive, harassing, threatening, invasive of privacy, bigoted, hateful, offensive, racially inflammatory, violent, vulgar, obscene, pornographic, sexually explicit, illegal, promotes illegal activities, infringes on third party rights, or violates any laws or regulations is not allowed. You must adhere to the terms and conditions in the Submissions License.<br><br>By submitting User-Generated Content, you certify that you have the necessary rights, licenses, consents, and permissions to use and authorize us to use the content, including copyrights, trademarks, patents, trade secrets, privacy and publicity rights. If your submissions include original songs or recordings, you must be a member of a performing rights society and grant us a license to publicly perform the musical compositions.<br><br>Advertising, selling, or soliciting others for commercial purposes on any Public Forum or using any product or service available on any GDC Site for commercial purposes is prohibited. Do not share software or computer files that may contain harmful components like viruses.<br><br>Impersonating someone else, misrepresenting your identity, using someone else’s username, password, or account information, or using another person’s name, image, or likeness without permission is not allowed. Engaging in antisocial, disruptive, or destructive behaviors such as “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” is prohibited. Do not remove legal notices, disclaimers, or proprietary notices, including copyright or trademark symbols, without proper ownership or permission.<br><br>Share only relevant User-Generated Content and stay on topic when making statements in Public Forums. Do not violate a Public Forum’s restrictions, including age restrictions, procedures, or these terms of use.<br><br>Participating in criminal activities such as child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, or conspiracy to commit illegal acts is strictly prohibited.

We are unable to assure that other users will adhere to the House Rules or any other terms of use. You are responsible for any harm or injury that may result from non-compliance.

When using a feature on a GDC Site that requires you to input your email address or mobile phone number in order to send a card, email, or message, it is important to provide your accurate contact information. Any form of commercial use, mass sending, or automated sending of cards, emails, or messages is not allowed. The content of electronic cards, emails, and mobile messages should not include inappropriate language, images, copyrighted material without permission, or promotion of illegal activities. GDC retains the right to reject delivery of electronic greetings that do not adhere to these guidelines.

8. Our Content Removal Rights

We reserve the right to delete any User-Generated Content on any GDC Site that violates our terms of use or is requested by law enforcement. Additionally, we may opt to retain a copy of this content and provide it to authorities if needed.

9. Content Linked to any GDC Site

Please be aware that while navigating a GDC Site, you may encounter links that direct you to other websites beyond our control. These links could lead you away from our services, such as by clicking on a banner ad or search result. This includes links from advertisers, sponsors, and content partners that may feature our logo in a co-branding arrangement. By clicking on these external links, you acknowledge that the site you are redirected to is not managed by us and may have different terms of use and privacy policies. We are not liable for these external sites and retain the right to deactivate links from third-party sites to any GDC Site, although we are not obligated to do so.

We do not provide any guarantees regarding the content of websites listed in our directories. Therefore, we are not responsible for the accuracy, relevance, copyright compliance, legality, or decency of the material found on sites listed in our search results or linked to a GDC Site.

10. Disclaimer

The information, content, and materials on GDC sites are provided without any warranties, whether express or implied. We do not guarantee that the functions contained in the information, content, and materials on any GDC site will be uninterrupted or error-free. It is your responsibility to ensure that any necessary servicing, repair, or correction is carried out. We do not make any representations regarding the use or results of using any information, content, materials, products, or services on any GDC site. The exclusion of implied warranties may not apply to you depending on applicable law.

We are not responsible for the accuracy, completeness, or availability of information, content, and materials on third-party sites linked to or from any GDC Site. We cannot guarantee your satisfaction with products or services purchased from these third-party sites or the accuracy of the information provided. We do not endorse any merchandise or verify the information on third-party sites. We do not make any guarantees about the security of your personal information when providing it to third parties. By using our sites, you release us from any claims regarding information, content, and materials on our sites or third-party sites. We recommend conducting your own research before engaging in transactions with any third parties.

11. Indemnification

It is your responsibility to maintain the confidentiality of your username(s), password(s), and account(s), and to ensure that all activities under your account(s) are secure. You agree to protect and defend us, our licensors, distributors, and other authorized users, along with their respective officers, directors, employees, and agents, from any losses, damages, liabilities, and costs resulting from any claims arising from your violation of these terms or from your account(s). You will collaborate with us in the defense of any claim, and we retain the right to assume control of the defense at our own cost.

12. Limitation of Liability

We will not be held responsible for any damages, whether due to negligence or otherwise, that may occur from using any GDC site or its content, materials, or functions. This includes potential lost profits, personal injury, and property damage. Our liability to you for any damages, losses, or causes of action will be limited to the amount you paid for accessing or participating in any GDC site activity, or $100 USD, whichever is lower.

Additionally, neither we nor our licensors, licensees, resellers, distributors, service providers, or suppliers can be held liable for any delays or failures in performance due to force majeure events or other causes beyond our control. These include equipment and technical malfunctions, power outages, strikes, natural disasters, government actions, or any other reasons outside of our reasonable control.

By using the GDC Sites, you acknowledge that we, along with our licensors, licensees, resellers, distributors, service providers, and suppliers, are not liable for any compatibility issues between the GDC Sites and other websites, services, software, or hardware. Furthermore, we are not responsible for any delays or failures in transmissions or transactions related to the GDC Sites being completed in a timely or accurate manner.

The limitations, restrictions, and disclaimers in this section and throughout these Terms of Use are enforceable to the maximum extent permitted by law.

Some provisions in these Terms of Use cannot be restricted or omitted by the law. As a result, the limitations, exclusions, or disclaimers of liability in these terms may not be applicable to you.

13. Jurisdictional and Venue Issues

By accepting these terms of use, you understand that any legal disputes related to these terms must be brought in courts located in the British Virgin Islands. You also agree to the authority of these courts for any legal matters. We cannot guarantee that the content on any GDC Site is appropriate or available in all areas. Users are responsible for ensuring they comply with all applicable laws, including local regulations, when using a GDC Site.

14. Amendment

We reserve the right to make changes to these terms of use at any time without prior notice. It is your responsibility to review these terms for any updates. By continuing to use any GDC Site after any changes to these terms, you are agreeing to the updated terms.

15. Termination

These terms of use will continue to be valid until either party decides to terminate them. You can end these terms by no longer using any GDC Sites and removing all materials obtained from them, including any related documentation, copies, or installations, whether or not created under these terms.

We may end these terms of use at any time without giving a reason or notice, at our own discretion. If this happens, you must discontinue using all GDC Sites and remove any materials you have acquired from them, including all duplicates.

We have implemented a policy that permits the removal of users who continuously break copyright laws.

The terms of use will remain in effect after termination for provisions that are intended to survive.

16. General Provisions

The laws of the State of New York and the United States will govern these terms of use, without taking into account conflicts of law principles. If any provision of these terms is found to be unlawful, void, or unenforceable, it will be considered separate from the remaining terms and will not affect their validity. Our failure to enforce any provision does not waive our right to do so in the future. Any legal action related to a GDC site must be initiated within one year of the cause of action arising, or it will be permanently barred.

17. Notice and Procedure for Making Claims of Copyright Infringement

Users may be notified of copyright infringement through a general notice on any GDC Site, email to the user’s email address on file, or written communication sent by mail to the user’s physical address on file. If you receive a notice, you can reply with a written counter-notification to the designated agent listed in the original notification. The counter-notification must be in writing and include specific information to be considered effective.

Please sign your name, either by physical signature or electronically. Clearly identify the material that was removed or disabled, including its previous location. Swear under penalty of perjury that you believe the removal or disabling was a mistake or due to misidentification. Provide your name, address, phone number, and consent to jurisdiction in a Federal District Court in the relevant area.

18. Language Versions

In the event of any discrepancies between the English version of this policy and versions in other languages, the English version shall prevail.