Terms of Service
GameCommerce Terms of Service
Last updated: April 22, 2022
GameCommerce, Inc. d/b/a Quest AI (together with its affiliates, “GameCommerce”, “our”, or “we”) provides game-development and related software (the “Software”) and development services such as GameCommerce Teams and Quest.AI (“Developer Services”) through or in connection with our websites (collectively, the “Site”). These terms and conditions exclusively (unless expressly superseded by a separate agreement) govern your access to and use of the Software, Developer Services, and the Site (collectively, the “Services”), and constitute a binding legal agreement between you and GameCommerce (the “Agreement”).
If you accept or agree to the Agreement on behalf of a company, organization or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to that Legal Entity.
You acknowledge and agree that, by accessing, purchasing, or using the Services, you are indicating that you agree to be bound by the Agreement whether or not you have created a GameCommerce Account (defined below), subscribed to the GameCommerce newsletter, or otherwise registered with the Site. If you do not agree to the terms of this Agreement then you must not access or use any of the Services.
  1. 1.
    Updates to this Agreement
GameCommerce reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services. GameCommerce may also modify the Agreement at any time and without prior notice. If we modify the Agreement, we will post the modification on the Services or otherwise provide you with notice of the modification. We will also update the “Last updated” date at the top of this Agreement. By continuing to access or use the Services after we have provided you with notice of a modification, you indicate that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Services.
  1. 1.
    Your GameCommerce Account
2.1 Creating and Maintaining a GameCommerce Account
In order to use most Services, you must register for a “GameCommerce Account.” To create a GameCommerce Account, you must provide certain information and establish a username and a password. You agree to provide—and maintain over time—accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. GameCommerce reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
2.2 Security
You are responsible for safeguarding your log-in credentials. You agree not to disclose your credentials to any third party and to take sole responsibility for any activities or actions under your GameCommerce Account, whether or not you have authorized such activities or actions. You will immediately notify GameCommerce of any unauthorized use of your account.
2.3 Canceling Your GameCommerce Account
You may cancel your GameCommerce Account at any time by using the “Cancel” option in your account management tab. If you are an Enterprise customer, you can reach out to your account manager or send an email to [email protected]. Canceling your GameCommerce Account does not relieve you of the obligation to pay any and all remaining amounts owing for Services under this Agreement or any applicable separate agreement or order form.
2.4 Privacy
Your privacy is important to us. GameCommerce’s Privacy Policy discloses the information we collect and how we use it.
2.5 Age
Access to and use of the Services by anyone under age 13 is prohibited. As required by applicable law, you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
2.6 Electronic Communications
By accepting this Agreement and using the Services, you consent to receive electronically all communications or notices sent by GameCommerce with regard to the Services or this Agreement to any email address you provide to GameCommerce. It is your responsibility to update your contact information provided to GameCommerce. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider. GameCommerce may send communications in a non-electronic format in GameCommerce’s discretion.
  1. 1.
    Your Responsibilities
You represent and warrant that:
a) you have the legal capacity to agree to the Agreement;
b) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals;
c) you will comply with all applicable laws and regulations in connection with your use of the Services, including but not limited to applicable privacy and data protection laws and regulations;
d) you will not resell the Services;
e) you will not copy, reproduce, distribute, publicly perform, or publicly display GameCommerce Technology (defined below), except as expressly permitted by us or our licensors;
f) you or Your Content (defined below) will not violate any applicable law, contract, intellectual property, right to privacy or publicity, or other third-party right, or commit a tort;
g) you have the right to grant the licenses to Your Content granted to GameCommerce in this Agreement;
h) Your Content is not harmful, hateful, threatening, abusive, violent, profane, discriminatory, prejudicial, disparaging, fraudulent, inaccurate, misleading, dangerous, sexual in nature, offensive, indecent, harassing, threatening, intimidating, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable;
i) you will not commit fraud or conduct other unlawful activity, including using stolen payment information to make a purchase;
j) you will not access or attempt to access another user’s account without authorization from that user and GameCommerce;
k) you will not attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
l) you will not connect to or access any GameCommerce computer system or network without authorization;
m) you will not use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
n) except as otherwise authorized under the license granted to you in this Agreement, you will not copy, modify, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services are based; and
o) you will not develop or use any third-party applications that interact with the Services without our prior written consent, including any scripts designed to scrape or extract data from the Services.
  1. 1.
    Intellectual Property Rights
4.1 GameCommerce’s Ownership
The Services and all related content, templates, and materials, the designs of each of the foregoing (collectively, the “GameCommerce Technology”), and any and all intellectual property rights in the foregoing, as between GameCommerce and you, shall at all times remain the exclusive property of GameCommerce and its third-party licensors.
4.2 Your License to Use the Services and GameCommerce Technology
On the condition that you comply with all your obligations under this Agreement, GameCommerce grants you a limited, revocable, non-exclusive, non-transferable (except as provided herein) right to access and use the Services and GameCommerce Technology. Any use of the Services that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Services. Your access to the Services is provided on a temporary basis with no guarantee for future availability. Without limiting the prior sentence, GameCommerce may terminate your access to the Services and the GameCommerce Technology immediately in the event you violate the terms of this Agreement or at any time as deemed necessary by GameCommerce in its sole judgment to protect the Services, GameCommerce Technology, or other users of the Services. Any use of the Services or GameCommerce Technology other than as specifically authorized in this Agreement or without our prior written permission is strictly prohibited and will terminate the license granted under this Agreement. You may not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. The license granted to you in this Agreement is non-transferable, except that you may grant end users of a game created using the Services a sub-license to use any GameCommerce Technology only for that end user’s personal use in connection with such game.
You may not resell, lease, or sublicense the Services or GameCommerce to any other party.
4.3 Ownership of Your Content
The Services allow you to create or submit your own content, such as your brand, your trademarks, your own designs, programming code, and other content you submit to, or otherwise contribute to the Services, (collectively, “Your Content”). GameCommerce does not claim intellectual property ownership of any content other than its own. As between you and GameCommerce, you own all right, title, and interest (including, all intellectual property rights) in and to Your Content, excluding any licensed GameCommerce Technology contained therein or on which such content is based.
4.4 GameCommerce’s License to Your Content and Suggestions
You grant GameCommerce a non-exclusive, perpetual, irrevocable, fully-paid, and royalty-free license to use Your Content in order to provide, operate, develop, improve, and/or optimize any of our Services, and, to the extent Your Content constitutes Personal Data, as otherwise defined and permitted by our Privacy Policy. In addition, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us (“Suggestions”) in connection with or related to the GameCommerce Technology or the Services, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable license, with the right to sub-license, to use and disclose such Suggestions in any manner and via any media GameCommerce chooses, without reference to its source and without any other obligation even if such Suggestions are designated as confidential.
4.5 Copyright Policy
If you are a copyright owner or an agent thereof and believe that any content in the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the site are covered by a single notification, a representative list of such works on the site; 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 us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address; 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 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Written notification of claimed infringement must be submitted to the following Designated Agent:
Game Commerce Copyright Agent
By email: [email protected]
For clarity, only DMCA notices should be sent to the Designated Agent.
4.6 Proprietary Rights Notices
All trademarks, service marks, logos, trade names, and any other proprietary designations of GameCommerce used herein are trademarks or registered trademarks of GameCommerce. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
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