This Terms of Service Agreement (“Agreement”) is a legal document that outlines and explains your rights and obligations as a user or publisher from Game of the Month.
Game of the Month ("GotM" or "Service") is a website and digital software and media distribution platform owned and operated by Macaroni Studios Ltd ("Company"). By registering an account and using the Service, you agree to be bound by the terms of this Agreement.
GotM aims to create a safe environment for users of the site and service. This requires a community that is built on goodwill and responsible behavior by its members. The posting of content or other actions that, in the Company’s sole discretion, degrades the experience of others may result in account termination without prior notice. Prohibited actions include but are not limited to:
Publishers are solely responsible for the content they upload and distribute on GotM. Publishers 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 for distribution, Publishers also grant a license to the Company 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. The Company does not endorse copyright infringing activities or other intellectual property infringing activities and violations of may result in the removal of content if the Company is notified of such violations. Removal and termination of accounts may occur without prior notice.
Publishers retain all ownership rights to the submitted content, and by submitting content to the Service, Publishers hereby grant the following:
A game that is of a sexual, mature, gory or extremely violent nature may be uploaded to GotM only as non-public. Games that might be of such nature must be sent to email@example.com for approval before being set to public. Failure to comply can lead to removal of game and studio.
GotM provides interfaces and tools for Users to generate content and make it available to other users, including ratings, reviews, profile images, banners, and others (“User Generated Content” or “UGC”). By uploading or creating such UGC, you grant to Company the worldwide, non-exclusive, perpetual, royalty free license to use, reproduce, create derivative works, display, perform and distribute for the UGC.
Content that is of a sexual, mature, gory or extremely violent nature may not be uploaded to GotM unless as a non-public game (see 4. Publisher Content).
Copyright owners or authorized agents who believe that any content on the Service infringes upon their copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (for further detail, please see 17 U.S.C. 512©(3)):
DMCA notices may be directed to firstname.lastname@example.org. You acknowledge that failure to comply with the requirements of this section may invalidate your DMCA notice.
If you believe your removed content does not infringe, or if you have authorization from the copyright holder, the holder’s agent, or pursuant to law, you may send a counter-notice containing the following information:
If a counter-notice is received, Company may send a copy to the original complaining party informing them the content may be replaced or removed in 10 business days. Unless the copyright holder files an action seeking a court order against the Publisher or User, the removed content may be replaced in 10 to 14 business days or after receipt of the counter-notice, at Company’s sole discretion.
Publishers who distribute content on the Service for a fee may be subject to the acceptable use policies of the Company’s payment providers, Stripe and PayPal. You can review the acceptable use policies for our payment providers:
When you provide payment information to the Company or one of its payment providers, you represent that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Company to charge your credit card or process your payment with the chosen payment provider.
The Company shall be entitled to a share of the revenue Publishers receive from any sale ("Transaction") which shall be calculated on the gross revenue from the TransactionsFor Transactions, Company will collect the purchase price and any applicable fees and taxes through its payment providers, and will pay to Publisher the proceeds net of the applicable Revenue Share, payment provider fees, and applicable taxes, VAT, duties, charges or levies. The Company may withhold any taxes, duties, charges or levies on payments by Company to Publisher pursuant to this Agreement, as may be required by applicable law, rule or regulation, and submit such withheld taxes, duties, charges or levies to the appropriate tax authority. Use of IP proxies or other methods to disguise your place of residence, whether to circumvent geographic restrictions on content, to purchase at a price not applicable to your geography, or for any other purpose, is a violation of this Agreement.
Publisher accounts receiving Payouts from the Company are subject to a maintenance fee for unclaimed transactions. Payouts from the Company are issued when the Company is the Merchant of Record.
Accrued revenue from transactions initiated over twelve (12) months ago that has not been claimed for withdrawal may be subject to a maintenance fee. Company reserves the right to debit your Publisher account balance per month:
until your balance reaches zero or you initiate a withdrawal for the remainder of the balance. Publisher accounts may request to delay this fee by contacting support through email@example.com and expressing their intent to claim at a determined time in the future.
The maintenance charge will not cause your account balance to become negative and will not cause you to owe money to the Company.
YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR OWN RISK. THE COMPANY, 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. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE SITE’S CONTENT, OR THE CONTENT OF ANY PUBLISHER 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 COMPANY 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 PURCHASED/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 GotM, THE SERVICES, OR THE CONTENT, EVEN IN THE EVENT OF THE COMPANY’S OR ITS AFFILIATES’ FAULT, TORT (EXCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF COMPANY’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 STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF THE COMPANY AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
The internal laws of the State of California shall govern this Agreement without giving effect to the choice of law rules thereof. Each party irrevocably and unconditionally submits to non-exclusive jurisdiction of the state and federal courts in the city of San Francisco, California, and the appropriate courts of appeal from such courts for any other matter concerning this Agreement. You agree that the Service shall be deemed solely based in California, is a passive website, and does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than California.
YOU AND COMPANY 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 Company 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 Company 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.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company 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; © 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.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.