Terms

Last Updated: July 3, 2023

Welcome to GameAudio.gg (“Website”). The Website is owned and operated by GameAudio Inc., Canada (“GameAudio Inc.,” “we,” “us,” or “our”). Please read these Terms and Conditions (“Terms”) carefully before using our Website and services.

By accessing, browsing, or using our Website, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms and any other applicable laws and regulations. If you do not agree to these Terms, please do not use the Website.

Services

GameAudio Inc. provides a platform for purchasing and downloading digital audio assets, including but not limited to sound effects and music, for use in game development (“Services”). We reserve the right to modify, suspend, or discontinue the Services at any time without notice to you.

User Accounts

To access certain features of the Website, you will be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to immediately notify GameAudio Inc. of any unauthorized use of your account or any other breach of security.

Privacy Policy

Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use, protect, and handle your personal information. By using our Website, you agree to the terms of our Privacy Policy.

Intellectual Property

All digital assets, content, and trademarks on the Website are the property of GameAudio Inc. or its licensors and are protected by international copyright, trademark, and other intellectual property laws. Unauthorized use of any content or materials on the Website is strictly prohibited and may result in legal action.

Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by GameAudio Inc. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that GameAudio Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Refund Policy

Due to the nature of digital content and the instant delivery of our products upon successful transaction, GameAudio Inc. operates on a ‘no refund’ policy. All sales on this Website are final.

Please ensure that you have selected the correct product(s) before proceeding with your transaction. If you encounter any issues with your purchase, please contact us at [email protected].

Limitation of Liability

To the fullest extent permitted by law, in no event shall GameAudio Inc., its directors, employees, partners, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or other intangible losses, resulting from (a) your access to or use of, or inability to access or use, the Website; (b) any conduct or content of any third party on the Website; (c) any content obtained from the Website; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory.

Indemnification

You agree to indemnify, defend, and hold harmless GameAudio Inc., its officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, trademark, or other intellectual property right, or privacy right; or (d) any claim that your use of the Website or Services caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Website.

Dispute Resolution and Arbitration

By using the GameAudio Inc. website and services, you agree that either party asserting a Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and GameAudio Inc. agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Both you and GameAudio Inc. agree that any dispute or claim, including without limitation, statutory, contract or tort claims, relating to or arising out of this Agreement or the alleged breach of this Agreement, shall, upon timely written request of either party, be submitted to binding arbitration. The party asserting the claim may elect to have the arbitration be in-person, telephonic or decided based only on written submissions. The arbitration shall be conducted in the city of GameAudio Inc.’s HQ. The arbitration shall proceed in accordance with the commercial arbitration rules of the Canadian Arbitration Association (“CAA”) in effect at the time the claim or dispute arose.

Termination

GameAudio Inc. reserves the right, at its sole discretion, to terminate your access to the Website and the Services, without prior notice, for any reason or no reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Website and the Services will cease immediately.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario for the purpose of resolving any dispute arising out of or relating to your use of the Website or these Terms.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Website.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].