Gamefroot strives to make our terms clear. Please read the following and if you agree, continue use of Gamefroot, and if you do not, discontinue use of Gamefroot. Use of Gamefroot signifies acceptance of these terms.
Gamefroot may change our services in the future at our discretion. We hope to do so only to improve user experience and ability. We do not have limitations on how we do so- so sometimes it might mean features you’ve used will go away. We’ll try to inform you when that happens.
2. Requirements for Use of the Site and Services
Children Under 9
If you are not yet 9 years of age, you may only use the Site and Services with the consent of your parent or legal guardian. You should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand the Terms. Your parent and legal guardian hereby agrees to assume full responsibility and liability for your acts and omissions in connection with your use of the Site and Services.
Compatible Devices and Access
Gamefroot is free. however the devices, internet services and methodolgies you use to reach it may not be and Gamefroot is in no way liable for charges incurred by your mobile or internet provider or any other services or vendors related to accessing Gamefroot.
3. Free Services and Not Free Services
Gamefroot currently offers its main services for free. This may change in the future. Additionally, we offer support in both free forms (our knowledgebase and customer support forums) and for a fee (one to one support). In the future, we will offer additional add ons to our free service that may be purchased.
4. User Account
A user account (“Account”) is required to access and use the Services. To create an Account, you must have an e-mail address. You represent and warrant that: (i) you will provide truthful, accurate, current, and complete Account registration information; (ii) you will promptly update such information if it changes to keep it accurate and complete; (iii) you are 13 years of age or older; and (iv) your use of the Site and Services does not violate any applicable law, rule or regulation. You hereby authorize Gamefroot, either directly or through third parties, to make any inquiries we consider necessary to validate your Account registration data. You agree that you will not misrepresent yourself, or represent yourself as another user of the Site or the Services. Some Services may require you to create a “user name” and/or a “persona”. You may not use a user name or persona that is used by someone else or that is vulgar or offensive or that otherwise violates these Terms. You are solely responsible for maintaining the confidentiality and security of your user name, persona and Account information, and for all activity occurring under your Account as a result of your failure to keep such information secure and confidential. Gamefroot will not be responsible for any losses arising out of the unauthorized use of your Account. You may not allow any third party to use your Account for any purpose. You must notify Gamefroot promptly in the event of any unauthorized use of your Account, user name or persona, or any other security breach. Gamefroot has no liability to you or any third party for any loss or damage arising from your failure to comply with your obligations specified in this section. You agree that Gamefroot may store and use the registration data you provide for use in maintaining and billing fees to your Account.
You must have an Account to use the Services. You can sign up for a free membership Account to access and use the basic version of the Services or any other Free Services, but to access and use the Fee-Based Services, you must pay Gamefroot’s then-current applicable fees for the Fee-Based Service you are purchasing (e.g. an annual subscription fee or one-time fee). Payments will be charged to your Account on the date on which the relevant Fee-Based Service is first made available to you (“Activation Date”). Thereafter, for subscription fees, on each anniversary of the Activation Date, your subscription will automatically renew and your Account will be charged for the then-current annual subscription fee, unless you cancel your subscription to the relevant Fee-Based Service before the upcoming anniversary of the Activation Date. Except as expressly stated by Gamefroot in these Terms, all fees paid or owed by you are non-refundable.
6. License Grant From Gamefroot for Services
To the extent that you use the Services, and subject to your compliance with these Terms, including, without limitation, your payment of all fees and other amounts due in connection with your use of the Fee-Based Services, and your execution of a EULA (as defined below) with each third party end user (except for end users who access Executable Packages through the Gamefroot Embeddable Player) to whom you sell or otherwise provide an Executable Package (as defined below), Gamefroot hereby grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to: (i) publish, publicly display, publicly perform, market, sell and license each Executable Package solely for your personal or commercial use, and solely on the Site or as desktop games, or as games for mobile applications including, without limitation, Apple products, in each case for use by third party end users who license the right to play the game embodied in each Executable Package for their own personal use from you; (ii) publish, publicly display, publicly perform, market, sell and license each Executable Package solely for your personal or commercial use on other web sites as web-based games through the Gamefroot Embeddable Player; and (iii) download and use the Gamefroot Embeddable Player for the sole purpose of publicly displaying and performing Executable Packages. “Executable Package” means a game that can function independently of the Gamefroot platform consisting of: (a) your Submission; and (b) the Gamefroot Engine in object code form only.
If any Services are subject to additional license or use terms, then those terms will apply in addition to these Terms and such additional terms, if any, will be notified to you if and when you elect to purchase or download such Services. If any Services are for third party software, content and/or other copyrighted material (“Third Party Content”), then your use of such Third Party Content is governed by the acknowledgements, licensing terms and disclaimers for such Third Party Content.
For clarity, “personal or commercial use” means that you, as an individual and/or on behalf of any person or entity other than yourself in your personal capacity (e.g., on behalf of an employer, or as a game developer or contractor), may publish, publicly display, publicly perform, market, and sell each Executable Package to third party end users for a fee or free of charge. Any fees you charge are earned solely by you in your personal capacity as an individual or by your employer.
As a condition to being permitted to use the Services, you will ensure that you execute a binding written End User License Agreement (“EULA”) with each third party end user to whom you sell or otherwise provide an Executable Package (except for end users who access Executable Packages through the Gamefroot Embeddable Player). Each EULA must contain terms no less protective of Gamefroot than the terms set forth in these Terms, including, without limitation, the terms specified herein under the headings “Ownership of Content and Software”, “Prohibitions”, “Reservation of Rights”, “Warranty Disclaimer”, “Limitation of Liability”, and “Indemnification.” You will provide complete and accurate copies of all EULA’s to Gamefroot within five (5) calendar days after any request from Gamefroot. You will enforce each such EULA with at least the same degree of diligence that a reasonable software company would use to enforce similar agreements for its own non-open source software products that it sells and distributes. You will immediately notify Gamefroot if you become aware of any material breach of any EULA, and will provide Gamefroot with reasonably detailed information in connection with such breach. Upon the termination of any EULA, you will use all reasonable efforts to obtain from the end user all copies of the Executable Package in such end user’s possession or control.
In using the Services, you will not commit any act, or refrain from taking any action, and you will not agree to any legal or other contractual terms, that reduce or otherwise negatively affect in any way, Gamefroot’s and its licensors’ right, title and ownership of the intellectual property and other proprietary rights applicable to, or embodied in, the Site, Services, Software (including, without limitation, the Gamefroot Engine and Gamefroot Embeddable Player), and Content. You will not remove any proprietary trademarks, logos or other designations of Gamefroot’s ownership, including without limitation, any “Made with Gamefroot” or equivalent designation(s) from any Executable Package or the Gamefroot Embeddable Palyer.
Without limiting any other rights or remedies of Gamefroot, the limited license and the rights granted above will terminate automatically, without notice to you, if you breach, or threaten to breach any of the terms or conditions of these Terms.
Except to the extent expressly permitted in these Terms, you may not: (i) copy, modify, adapt, translate, reverse engineer, reverse compile, decompile, disassemble, or attempt to discover the source code of any Software or Content (including any Submission) made available on or in connection with the Site, Services (including when made available through the Gamefroot Embeddable Player on web sites) or Content, or make any derivative works of such Software; (ii) use any code, software, method or product to manipulate the Site, Services, Software or Content in any way that affects any user’s experience in using, or ability to use, same; (iii) reproduce, publish, broadcast, transmit, download, cache, distribute, perform, display, sell, or in any way exploit any Software or Content; or (iv) remove any patent, copyright, trademark or other proprietary notices contained in any Software or Content. To the extent the prohibition specified above concerning the reverse engineering, disassembly or decompilation of Software violates applicable local law, and you wish to take any action in contravention of this prohibition to the extent you are permitted to do so under applicable local law, then you must notify Gamefroot in writing not less than 90 calendar days before taking that proposed action. Gamefroot will then discuss with you, the scope of any necessary reverse engineering, disassembly or decompilation that would be required in order to enable you to exercise your rights as permitted under applicable local law, and you hereby agree that Gamefroot, may in its sole discretion, carry out any such reverse engineering, disassembly or decompilation on your behalf, at no cost to you.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers” that accesses the Site in a manner that sends more request messages to the Gamefroot servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Gamefroot grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gamefroot reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Content or Submissions.
If you use the Gamefroot Embeddable Player on your website, you may not: (i) modify, build upon, or block any portion or functionality of the Gamefroot Embeddable Player, including but not limited to links back to the Site; and (ii) sell advertising, sponsorships, or promotions for placement within the Gamefroot Embeddable Player.
8. Reservation of Rights
Except for the limited licenses specified above, you acknowledge that you have no right, title or interest in or to the Site, Services, Software or Content. Gamefroot and its licensors retain all right, title and interest in and to the Site, Services, Software and Content, including, without limitation, all intellectual property and other proprietary rights embodied therein, or associated therewith. Nothing in these Terms will be deemed a sale of the Software. By making them available on the Site, or through the Services, Software or Content, Gamefroot is not granting you any license to use the domain names, trademarks, service marks, proprietary logos, and other distinctive brand features found on or in the Site, Services, Software or Content, unless otherwise expressly permitted by Gamefroot. All rights not expressly granted by Gamefroot in these Terms are hereby reserved by Gamefroot and its licensors. There are no implied rights.
You acknowledge and agree that Gamefroot may use the Software licensed to you hereunder to develop its own games and that Gamefroot reserves the right to independently develop and publish games that may be substantially similar to your Submission(s). To the extent that any game independently developed by Gamefroot appears substantially similar to any of Submissions, you hereby waive any claims you may have against Gamefroot arising therefrom.
11. Links to Third Party Web Sites
9. Your Submissions
AS BETWEEN YOU AND GAMEFROOT, YOU RETAIN OWNERSHIP OF ALL YOUR COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO, OR EMBODIED IN, YOUR SUBMISSIONS. You acknowledge and agree that you are solely responsible for the games, content, code, text, files, images, photos, screen shots, artwork, icons, videos, sounds, musical works, works of authorship, copyrighted text, descriptions, representations or any other materials or information that you submit, post or otherwise make available to Gamefroot for publication and distribution, including, without limitation, games that you have developed and post on the Site using the Services, and games consisting of an Executable Package that you market, distribute, sell and license using the Services (each, a “Submission”), and that you, and not Gamefroot, are solely and exclusively responsible for each such Submission, including, without limitation, ensuring that you have the legal right to post, provide, license, market, sell, or otherwise use, each Submission, and that such Submission does not violate these Terms, or the property or other rights of any third party. The term “Submission” does not include: (i) the Gamefroot Tool; or (ii) that portion of the Executable Package consisting of the Gamefroot Engine; (iii) the Gamefroot Embeddable Player; or (iv) any other Software or Content.
You represent and warrant that each Submission is your own original creation, and/or that you have, or have obtained, all necessary permissions, rights, licenses, consents, and clearances to enable Gamefroot to exercise the rights granted in these Terms and to use the Submissions for the foregoing purposes. To the extent you hold any rights that conflict with the rights you have granted as set forth in these Terms, you hereby waive, and agree not to assert, any moral or similar rights you may have, and which apply to your Submissions or Feedback which Gamefroot uses within the scope of the licenses granted by you under these Terms.
10. Your Feedback and Support Requests
Certain areas of the Site and Services (e.g., blogs, online forums, chat rooms, games, and message boards) may permit you to provide feedback, comments, suggestions, ideas, messages, or similar information (collectively, “Feedback”). Feedback does not include any Submissions provided by you, and Gamefroot’s rights to use Submissions provided by you, are solely as stated above. By submitting Feedback, and as a condition of using the Site and Services, you hereby grant Gamefroot an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide, license (sublicensable through multiple tiers) to: (i) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Feedback (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (ii) use (and permit others to use) your Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that Gamefroot deems appropriate in its sole discretion (including, without limitation, to incorporate your Feedback (or any modification thereto), in whole or in part, into any technology, product or service). Gamefroot reserves the right to display advertisements in connection with Feedback and to use Feedback for advertising and promotional purposes. You acknowledge and agree that any Feedback provided by you is provided on a non-confidential basis. Feedback will generally be accessible by other users of the Site and Services, so be sure that any Feedback you post on any area of the Site or Services is information that you are comfortable sharing with others.
Requests for technical support should be addressed to customer support at Gamefroot.com/contact for general support issues, and at Gamefroot.com/bug/report for errors or bugs you want to report to Gamefroot.
11. License Grant From You For Services
AS BETWEEN YOU AND GAMEFROOT, YOU RETAIN OWNERSHIP OF ALL YOUR COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO, OR EMBODIED IN, YOUR SUBMISSIONS. You hereby grant Gamefroot an irrevocable, perpetual, non-exclusive, worldwide, fully paid-up, royalty-free, transferable, sublicensable (with the right to sublicense through multiple tiers) license (in any media, whether now known or hereafter developed) to reproduce, create derivative works from, distribute, publicly perform, publicly display, modify, adapt, enhance, and otherwise use, the Submissions that you provide to Gamefroot, solely for purposes of: (i) developing, creating, testing, delivering, maintaining, and supporting each Executable Package for use by you within the scope of the Services; (ii) hosting, publishing, publicly displaying and publicly performing each Executable Package on the Site at your request, and making such games available for use by users of the Site and Services; (iii) enabling Third Party Web Sites to embed all or portions of your Submissions into their web sites; (iv) marketing and promoting the Site and Services; and (v) hosting, providing, maintaining, adapting, enhancing, modifying and otherwise improving the Site, Services and Software. EXCEPT TO THE EXTENT YOU REQUEST GAMEFROOT TO SELL YOUR SUBMISSIONS ON YOUR BEHALF PURSUANT TO PUBLISHING SERVICES THAT GAMEFROOT MAY OFFER UNDER SEPARATE TERMS OF SERVICE, GAMEFROOT WILL NOT SELL YOUR SUBMISSIONS TO ANY THIRD PARTY. Gamefroot is not required to provide: (a) any attribution to you in connection with your Submissions, except to the extent you request attribution as set forth below; (b) any prior notice to you of any use of your Submissions for the purposes specified in clauses (iii) or (iv) of this section; or © any fees, royalties, or other payments to you. You may remove your Executable Package from the Site by accessing your Account and following the removal procedure specified on the Site; provided however, that such removal will not affect Gamefroot’s continued right to use your Submissions pursuant to clauses (iii) and (iv) of this paragraph.
You acknowledge and agree that Gamefroot may collect certain data arising from and regarding the use of your Submissions by users of the Site and Services, that Gamefroot shall own all right, title and interest in such data, and that Gamefroot has no obligation to share with you any such data.
You may deliver to Gamefroot your own EULA for any Submission at the time that you provide your Submission to Gamefroot; provided, however, that your EULA must comply with applicable laws. Gamefroot will notify each end user that the end user’s use of that Submission is subject to the terms and conditions of your EULA (if any) and allow each end user to review your EULA at the time that Gamefroot provides access to your Submission. If you do not furnish your own EULA for any Submission, then you acknowledge and agree that each end user’s use of that Submission will be subject to Gamefroot’s standard EULA.
You hereby acknowledge that the EULA for each of your Submissions is solely between you and the end user, and neither Gamefroot nor its distributors or agents will be responsible for, and/or have any liability whatsoever under, any EULA or any breach by you or any end user of any of the terms and conditions of any EULA.
When posting a Submission to the Site through the Services, you will have the ability to select one of the following options with respect to each Submission: (i) not to share your Submission with other users of the Site and Services; (ii) to share your Submission with other users of the Site and Services under the licenses granted above, without requiring any kind of attribution to you; or (iii) to share your Submission with other users of the Site and Services under the licenses granted above, and requiring attribution to you (in such form as reasonably determined by Gamefroot). If you opt to require attribution, you hereby grant Gamefroot an irrevocable, perpetual, non-exclusive, worldwide, fully paid-up, royalty-free, transferable, sublicensable (with the right to sublicense through multiple tiers) license (in any media, whether now known or hereafter developed) to use your name, user name and/or persona for the purposes of attributing you as the source of the Submission in connection with Gamefroot exercising the rights granted by you above in connection with your Submission. If you select no option at the time you post your Submission, the default option will be that no attribution of any kind is required to be displayed with your Submission, and your Submission will not be shared with other users of the Site and Services. You represent and warrant that the use of your name, user name and/or persona in connection with your Submissions will not violate the right of any third party, including, without limitation, the right of privacy or publicity of any third party. You hereby waive all rights, and release and discharge Gamefroot and its agents from, and will neither sue nor bring any proceeding against Gamefroot or any third party for any claims, losses, demands, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, at law or in equity, whether for libel, violation of the right of privacy or right of publicity, infringement of copyright or other intellectual property or other proprietary right, or any other claim that you may now have, or may hereafter have, by reason of Gamefroot’s use of your name, user name and/or persona in connection with your Submissions.
12. Submission Rating and Content Restrictions
If requested by Gamefroot, you will use the content rating tool set forth in the Gamefroot Tool or otherwise provided as part of the submission process to supply information regarding each of the Submissions delivered by you to Gamefroot in order to assign a rating to each such Submission. For purposes of assigning a rating to each of the Submissions, you will use your best efforts to provide correct and complete information about the content of that Submission with the content rating tool. Furthermore, you authorize Gamefroot to correct the rating of any Submission of yours that has been assigned an incorrect rating; and you agree to any such corrected rating.
You represent and warrant that your Submission will not contain, or contain links to, content which is unlawful, libelous, pornographic, offensive, defamatory, contrary to public policy, Gamefroot’s stated policies, or otherwise violates any law or any right of any third party (including intellectual property rights, publicity rights, privacy rights, or other legally recognized rights).
You agree that you will not upload, post, submit or otherwise make available on the Site or through the Services any Submissions or Feedback protected by copyright, trademark, patent, trade secret, or any other intellectual property or other proprietary right without the express prior permission of the legal owner of such right, and the burden of determining whether any material is protected by, or infringes, misappropriates or violates, any such right is your sole and exclusive responsibility. As between you and Gamefroot and the other Indemnified Parties (as defined below), you will be solely liable for any claims, losses, or damage resulting from any such infringement, misappropriation or violation of such rights, or any other harm resulting from any Submissions or Feedback that you provide.
You represent and warrant that: (i) you have the right to enter into this Agreement; (ii) you own all Submissions and Feedback provided by you on or through the Site or Services or you otherwise have the legal right to grant the licenses to Gamefroot as set forth in these Terms; (iii) you have the right to reproduce and distribute each of the Submissions, and to authorize Gamefroot to permit end users to download and use each of the Submissions; (iv) none of the Submissions or Feedback, or Gamefroot’s or end users’ permitted uses of those Submissions and Feedback, violate or infringe, or will violate or infringe, any patent, copyright, trademark, trade secret, privacy, or publicity rights, or other intellectual property, proprietary or contractual rights, of any other person, firm, corporation or other entity; and (v) all information you provided to Gamefroot in your Account and using the Gamefroot Tool and, including any information relating to the Submissions, is accurate and that, if any such information ceases to be accurate, you will promptly update it to be accurate.
Gamefroot reserves the right to limit the number of Submissions and amount of Feedback that you can upload or provide (in total or simultaneously) to the Site or through the Services, at any time, and without notice.
If you submit an Executable Package to Apple, Inc. (“Apple”) or any third party web site or product provider, Gamefroot is not responsible, and has no liability to you, if Apple or any third party web site or product provider rejects, fails to approve, and/or fails to make any game embodied in such Executable Package available for use on or with the relevant Apple or third party web site or product. Furthermore, you acknowledge and agree that your interactions and dealings with any third party in connection with your use of the Site and/or Services (including, without limitation, Apple, other web site and product providers, and other users of the Site and Services) are solely between you and such third party. Gamefroot is not responsible for any loss or damage of any sort incurred by you, or any third party, as a result of any third party rejection, act, omission, failure, interaction or dealing, and Gamefroot has no obligation to become involved in any resulting dispute.
13. Rules of Conduct
Gamefroot requires that you respect the Gamefroot online community, including other individuals who use the Site and Services. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting and providing Submissions and Feedback to, or otherwise using, the Site and Services, you agree not to do any of the following:
(i) post or provide Submissions, Feedback or any other content that is false, harmful or illegal;
(ii) harass, threaten, abuse, stalk, troll or flame other users of the Site or Services or any other person;
(iii) post or provide Submissions, Feedback or any other content that is racially or ethnically offensive, vulgar, obscene, pornographic, sexually explicit, disparaging, defamatory, tortious, libelous, infringing or that otherwise violates the legal rights of others (including, without limitation, the intellectual property rights, privacy or publicity rights of third parties);
(iv) impersonate another person or attempt to mislead users by indicating that you represent Gamefroot;
(v) attempt to illicitly obtain a password, account information, or other private information from anyone else who uses the Services;
(vi) collect user names, personas, street addresses, e-mail addresses, or other personal information from, or of, other users of the Services for any purpose other than your personal use in your interactions on the Site, and at all times with the permission of the relevant users;
(vii) provide or upload files or other content that contain a virus, corrupted data, Trojan horses or other harmful, disruptive or destructive files, or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site or the Services;
(viii) post or disseminate any unsolicited or unauthorized advertising or promotional messaging, junk mail, chain letters, pyramid schemes, or other commercial activities (except when and where such commercial activities are expressly authorized by Gamefroot);
(ix) reveal any other Services user’s real-world personal information, including, without limitation, such user’s first and last name, telephone number or street address; or
(x) post any materials that are subject to third party rights, including without limitation, third party copyright, trademark, patent, trade secret, or other intellectual property rights without the express prior permission from the legal owner of such rights.
This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions. Without limiting the rights and remedies available to it, Gamefroot reserves the right in its sole discretion, to: (a) suspend or terminate access to your Account, the Site and/or the Services or your ability to post to the Site or the Services; and (b) refuse, delete, remove, move or edit the content, in whole or in part, of any Submissions or Feedback provided by you; with or without cause, and with or without notice, for any reason or no reason, and to take any other action that Gamefroot determines in its sole discretion is necessary as a result of any behavior by you that is illegal, inappropriate, disruptive to the Site, Services, or to any other user of the Site or the Services, or which otherwise breaches these Terms. Gamefroot may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or otherwise in Gamefroot’s sole discretion, Gamefroot will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted using the Site and/or the Services. Gamefroot does not, and cannot, review all Feedback posted to the Site or through the Services, or review every Submission for compliance with these Terms. These prohibitions do not require Gamefroot to monitor, police, remove or reject any Submissions, Feedback or other information submitted by you or any other user.
14. Electronic Communications
By using the Site and Services, you consent to receive electronic communications from Gamefroot, its parents, affiliates, subsidiaries and third party service providers. These electronic communications may include notices about applicable fees and other charges, transactional information and other information concerning the Site and Services. These electronic communications are part of your relationship with Gamefroot and you receive them as a condition to you being permitted to use the Site and Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. Termination of Services and Your Account
All of Gamefroot’s obligations hereunder, will terminate upon the expiration or termination of these Terms.
In the event that you no longer have the legal right to distribute the Submissions, or to authorize Gamefroot to allow access to those Submissions by end users, you will promptly withdraw those Submissions from the Site; provided, however, that such withdrawal by you under will not relieve you of any of your obligations to Gamefroot under these Terms, or any liability to Gamefroot and/or any end user with respect to those Submissions.
Gamefroot reserves the right to cease marketing, displaying, posting, publishing and distributing your Submissions at any time, with or without cause, by providing notice of termination to you. Without limiting the generality of this paragraph, you acknowledge that Gamefroot may cease the marketing, displaying, posting, publishing and distributing of some or all of the Submissions if Gamefroot reasonably believes that: (i) those Submissions are not authorized for export to one or more countries, in accordance with the Export Administration Regulations; (ii) those Submissions and/or Gamefroot’s publication of those Submissions and/or any end user’s possession and/or use of those Submissions, infringe patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or (iii) the publication, distribution, sale and/or use of those Submissions violates any applicable law in any country. An election by Gamefroot to cease marketing, displaying, posting, publishing and distributing any Submissions, pursuant to this paragraph, will not relieve you of your obligations under these Terms.
16. Cancellation of Your Account
17. Consequences of Termination
Upon termination of your use of the Site and Services for any reason, you will have no recourse against Gamefroot, its parents, affiliates, and subsidiaries, and its and their officers, directors, employees, contractors, licensors, licensees, third party service providers, or agents, for your inability to use the Site and Services, and you must destroy any copies of Software (including, without limitation, the Gamefroot Tool) or Content in your possession, including, without limitation, any Software or Content downloaded, or otherwise obtained by you, through the Site or Services. Gamefroot has no obligation to return any Submissions to you, or to provide you with any Software, technology, materials or services to enable you to re-use all or part of your Submission. Any obligations that apply to you under these Terms, which by their nature are intended to survive the termination of your use of the Site or Services, will continue to apply to you after you stop using the Site and Services. Without limiting the foregoing, your obligations to enforce the terms of your EULA with respect to end users to whom you sold or otherwise provided an Executable Package before the termination of your use of the Site and Services, will continue to apply until such end users no longer use the relevant Executable Package.
18. Digital Millennium Copyright Act
Gamefroot respects the intellectual property and other proprietary rights of others and has a policy of removing content that infringes third party copyrights and suspending and/or terminating the Account of any user who uses the Site or Services in violation of copyright law, and where appropriate, blocking such user’s access to the Site and Services. If you are a copyright owner, or an agent thereof, and believe that your work is the subject of copyright infringement and appears on our Site, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent (designated below) with the following information in writing: (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gamefroot to locate such material; (iv) information reasonably sufficient to permit Gamefroot to contact you, such as an address, telephone number, and, if available, an e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or that you are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
Email these requests to DCMA@instinct.co.nz
19. Warranty Disclaimer
GAMEFROOT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GAMEFROOT MAY REMOVE THE SERVICES OR SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES OR SITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, SOFTWARE, AND CONTENT IS SOLELY AT YOUR OWN DISCRETION AND RISK. THE SITE, SERVICES, SOFTWARE AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. NEITHER THE SOFTWARE NOR CONTENT HAS BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY GAMEFROOT, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. GAMEFROOT, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, THIRD PARTY SERVICE PROVIDERS, AND AGENTS DO NOT WARRANT THAT THE SITE, SERVICES, SOFTWARE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UPDATED, OR THAT THE OPERATION OF THE SERVICES, SITE, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
GAMEFROOT, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, THIRD PARTY SERVICE PROVIDERS, AND AGENTS, MAKE NO, AND HEREBY EXPRESSLY DISCLAIM, ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY AND ALL OTHER REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICES, SOFTWARE AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR TRADE. GAMEFROOT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AS A RESULT OF USING THE SITE, SERVICES, SOFTWARE OR CONTENT.
Some jurisdictions may not allow the exclusion and/or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, Gamefroot’s warranties and conditions with respect to the Site, Services, Software and Content will be limited to the greatest extent permitted by applicable law in such jurisdiction.
20. Limitation of Liability
IN NO EVENT WILL GAMEFROOT’S, ITS PARENT’S, AFFILIATES’, AND SUBSIDIARIES’, AND ITS AND THEIR OFFICERS’, DIRECTORS’, EMPLOYEES’, CONTRACTORS’, LICENSORS’, LICENSEES’, THIRD PARTY SERVICE PROVIDERS’, AND AGENTS’ TOTAL, AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OR OTHERWISE RELATING TO THE SITE, SERVICES, SOFTWARE OR CONTENT, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE GREATER OF: (i) ANY AMOUNT THAT YOU PAID TO GAMEFROOT FOR THE SPECIFIC FEE-BASED SERVICE FROM WHICH THE CAUSE OF ACTION OR CLAIM AROSE IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED U.S. DOLLARS (US$100).
IN NO EVENT WILL GAMEFROOT, ITS PARENT, AFFILIATES, AND SUBSIDIARIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, THIRD PARTY SERVICE PROVIDERS, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM THE SITE, SERVICES, SOFTWARE OR CONTENT OR ANY OTHER THIRD PARTY SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE, OR YOUR DISPLAYING, COPYING, DOWNLOADING, PERFORMING OR USING ANY OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWSOEVER ARISING, EVEN IF GAMEFROOT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
GAMEFROOT DOES NOT ENDORSE, WARRANT OR GUARANTEE, AND WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR, ANY THIRD PARTY GOODS, PRODUCTS, SERVICES OR CONTENT AVAILABLE THROUGH THE SITE, SERVICES, SOFTWARE OR CONTENT OR THIRD PARTY WEB SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES.
By using the Services and Site, you agree to indemnify and hold harmless Gamefroot, its parent, affiliates, and subsidiaries, and its and their officers, directors, employees, contractors, licensors, licensees, third party service providers, and agents with respect to any claims arising out of any action taken by Gamefroot as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. This means that you cannot sue or recover any damages from Gamefroot, its parent, affiliates, and subsidiaries, and its and their officers, directors, employees, contractors, licensors, licensees, third party service providers, and agents as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services or Site, or to take any other action during the investigation of a suspected violation or as a result of Gamefroot’s conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.
© 2012 Gamefroot, Inc. All rights reserved.