Please note: Please submit your voucher as soon as possible to minimise your waiting time. We will be in touch as soon as possible to let you know our next available slot.
These Terms & Conditions, when you agree to them, form an agreement (“Agreement”) between the person or company named above (“Developer”, “you”, “your”, “yours”) and Game If You Are Ltd of 52D Balfour Road, Brighton, England, BN1 6NB (“GIYA”, “we”, “us”, “our”, “ours”).
On receipt from you of a valid and previously unused voucher code provided to you as part of your participation in the Oculus Start program, we will deliver to you certain marketing services (“Services”) in relation to the above-named video game product that you are creating (“Product”). The details of the Services are set out in more detail below.
If your voucher code begins with ‘GRO-‘, we will deliver to you a three-hour marketing consultation package which will comprise (i) a one-hour consultation call via phone or video call; (ii) a short report outlining our marketing recommendations and advice in relation to your Product; and (iii) a brief follow-up call to answer any follow-up questions.
If your voucher code begins with ‘PRO-‘, we will deliver to you a full marketing strategy and announcement campaign package which will comprise: (i) 3 one-hour marketing consultation calls via phone or video call; (ii) a 2-3 page ‘marketing health check report’ evaluating your Product and its current marketing presence; (iii) an evaluation of your Product where a version of the Product is available for us to evaluate; (iv) a ‘market research and competitor analysis’ report; (v) a full marketing plan document in relation to your Product; (iv) a fully managed public relations campaign to announce your Product to relevant persons in the media, including a press release, a promotional mailshot, 20 personalised email pitches, and a report outlining the results of the work outlined in this section. Additionally we will offer you 20% off our normal rates for the production of any video trailer, promotional artwork or website design/development should you request this within three (3) months of the date on which you agree to these Terms & Conditions.
Any other work you request from us and that we provide to you is not part of the Services governed by this Agreement and will be governed by a separate agreement which may include different terms and conditions.
2. TIMELINE OF DELIVERY
As soon as reasonably possible after you submit your voucher code and agree to these Terms & Conditions, we will contact you via the email address you have provided to inform you of when we are able to begin delivering the Services and to agree a mutually agreeable time to begin delivery of the Services.
We will endeavour to begin delivering the Services as soon as is reasonably possible but you understand that, due to limited capacity, you may be required to wait for a time before we can begin delivering the Services.
The Services as provided to different Developers may differ in terms of the amount of time required. We will discuss with you a predicted timeframe for delivery and where possible will attempt to accommodate any requests you have in relation to delivery timescales and dates, however these cannot be guaranteed and time is not of the essence in this Agreement except where explicitly stated.
The Agreement shall remain in force until the Services have been delivered in full or for one year after the date on which you agree to these Terms & Conditions (which ever is sooner) unless extended or earlier terminated by mutual written agreement between the parties.
3. DEVELOPER’S MATERIALS & RESPONSIBILITIES
In order to facilitate our smooth delivery of the Services, you understand, acknowledge and agree that you will have certain responsibilities including (without limitation) the responsibility to provide us with certain information and/or materials (“Developer’s Materials”) upon request and to be available to attend calls or meetings at certain times.
You understand, acknowledge and agree that your failure to provide us with the Developer’s Materials within a reasonable timeframe or your failure to be available for calls or meetings upon being given reasonable notice will substantially impact our ability to deliver the Services and that we cannot be held in any way liable or responsible for any delay or non-delivery of the Services due to your failures in respect of such.
4. ASSIGNMENT OF PERSONNEL
We reserve the right to wholly and exclusively determine the personnel who will be responsible for or contribute to the delivery of the Services including the use of our employees and subcontractors.
5. INTELLECTUAL PROPERTY & COPYRIGHT
You will retain all right and title to the Product and Developer’s Materials. You grant us a perpetual, non-exclusive license to use publicly or privately the Product and Developer’s Materials as part of the delivery of the Services.
We retain all right and title to any and all additional materials we create as part of the delivery of the Services.
You acknowledge and understand that delays caused by you, including (without limitation) production delays or delays in availability or the provision of Developer’s Materials, may impact our delivery of the Services, and that the duration of any ensuing delay in our delivery of the Services may exceed that of your original delay. In the event of a delay we will resume the Services as soon as practicable but due to the nature of the Services being provided by us to you and other clients it may be that once the delay is cured we will not be able to resume the Services immediately and we will notify you when the Services will be resumed.
While we will use our best commercial endeavours to deliver the Services to any agreed or proposed timeline, you acknowledge and understand that the nature of the Services necessitates a certain degree of flexibility in relation to such timelines, and agree that time is not of the essence in this Agreement except where expressly agreed otherwise in writing.
In order for us to deliver the Services, you and GIYA will likely need to share with each other certain information and materials that are either marked as or to be considered confidential, including but not limited to the contents of the Marketing Plan and the terms of this Agreement (“Confidential Information”).
Each party to this Agreement agrees to keep confidential the Confidential Information of the other party for an indefinite period. For the avoidance of doubt, the obligation of confidence shall outlast the term of this Agreement.
Each party agrees to only supply the Confidential Information to its employees, subcontractors, investors or partners; only on a need-to-know basis; and only when such a third party is bound by an equivalent written obligation of confidence.
Confidential Information does not include information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known to the receiving party before receiving it under this Agreement; (iii) is provided to the receiving party by a third party not under an obligation of confidence benefiting the disclosing party; (iv) the receiving party is required to disclose by law.
8. NO GUARANTEES
You understand and acknowledge the inherent risk in marketing and public relations work, and that the nature of the Services and our industry means that results can never be guaranteed. This means that any goals, targets, objectives, or performance indicators are for indicative purposes only and no warranty, representation or undertaking is made in respect of such.
You understand and acknowledge that our execution of the Services is only one aspect of many that may impact the results arising from the Services or the performance or commercial success of the Product or your business.
Therefore, you agree that we will not be held in any way liable or responsible should the Services fail to deliver the anticipated results or should the Product or your business fail to achieve your goals, commercially or otherwise, and that you will not be entitled to any compensation or other legal remedy should the Services fail to attain the desired outcome save as otherwise provided.
Except as expressly provided in this Agreement, we expressly exclude all conditions, warranties and terms and undertakings, express or implied, statutory or otherwise, and shall not be liable for any loss of profit, goodwill or any type of special, indirect or consequential loss even if such loss was reasonably foreseeable or if we had been advised of the possibility of incurring the same.
9. YOUR WARRANTIES & INDEMNIFICATION
You warrant, represent and undertake that the Developer’s Materials are owned by you, or that you have the appropriate rights and licenses to distribute the Developer’s Materials and to permit us to distribute the Developer’s Materials.
You agree to indemnify us against any claims arising from our use of the Developer’s Materials where such claims are in relation to confidentiality, copyright or intellectual property infringement.
10. OUR CREDIT & PUBLICITY
You agree that we may make public reference to the Services and to our business relationship with you at any time following the commencement of our delivery of the Services. Such reference may be for promotional or other purposes.
You agree that we may use the following as part of such public reference: (i) still images of the Product; (ii) video footage of the Product; (iii) descriptions of the Product and your company or brand, whether created by us or you; (iv) promotional assets of the Product or your company or brand, including (without limitation) logos, promotional artwork and video trailers, whether created by us or you.
11. CODE OF CONDUCT
You and GIYA each agree to adhere to the Agency/Client Code of Conduct made available at https://gameifyouare.com/agency-client-code-of-conduct/
12. INDEPENDENT PARTIES
You and GIYA are independent parties and nothing in this Agreement shall imply a partnership or joint-ventureship arrangement between the parties. Each of us is free to carry out our own work and (subject to clause 6) to work with other parties during the course of this Agreement.
13. APPLICABLE LAW & JURISDICTION
This Agreement will be governed by the laws of England and Wales and any disputes will be settled in the English courts.
tel: +44 (0)7449 384 284