THE FREE MARKET FOR GAME DEVELOPERS & PUBLISHERS
This is the official Market Rules that govern the Game Brokerage marketplace.
Last update: 4/9/14
You are required to adhere to the following rules and regulations:
(a) Games listed on Game Brokerage are NOT required to be exclusive for the duration of the listing;
However, we suggest that you test Game Brokerage exclusively for 1 week.
(b) You may solicit investors, sponsors, or other buyers outside of Game Brokerage. Share your game listings short URL to potential publishers, most publishers already have accounts;
(c) All offers on games are done by Publisher accounts only. No proxy bids.
(d) Game Developers are not required to accept any offers on their games
You are not allowed to:
Post or distribute any data, text, message, files or other material that infringes and/or violates any right of a third party of any domestic or international law, rule, or regulation, including but not limited to:
(a) copyright, patent, trademark, or other proprietary rights;
(b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
(c) any confidentiality obligation;
Post, distribute, or otherwise make available any software or other computer files that contain a virus or other harmful component;
Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
Publishers & Investors
You are required to adhere to the following rules and regulations that govern your membership on Game Brokerage:
(a) an offer placed on any game within the Game Brokerage marketplace is binding, by law;
(b) you are required to submit payment to the Game Developer within a reasonable timeframe of 30 days;
(b) your account is an accurate represenation of your company, first and last name, phone number, email address, and preferences
ALL MEMBER RULES
Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password.
Users may be banned or accounts suspended or terminated on the entire Website or any game available on the Website if users use inappropriate language or inappropriate behavior as determined by Game Brokerage. Inappropriate language and/or inappropriate behavior is not allowed on Game Brokerage. Game Brokerage is not responsible for user content, listings, and chats. Game Brokerage moderates the games that are uploaded to the Website, but does not retain responsibility or ownership of 3rd party content. Users are responsible for their own actions. You agree not to do any of the following:
Post, distribute, or otherwise make available any data, text, message, or computer file that we deem to be:
(a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
(b) hateful, or racially offensive;
(c) vulgar, obscene, or sexually explicit (language or images);
(d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by Game Brokerage. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a the Site or service in violation of the law.
YOU ARE ENCOURAGED TO REPORT VIOLATIONS OF THE USER RULES TO YOUR BROKER
USER COMMUNICATION FEATURES AND AUCTION LISTINGS
Your comments, suggestions and information are important to us. Portions of this Website provide you and other users an opportunity to engage in business services, commercial transactions, forum, and other message and communication activities ("Communities") and may provide you the opportunity through such Communities or otherwise, to sell or buy flash games, mobile games and to submit, post, display, or transmit messages. (a) games, information, ideas, opinions, messages or other information ("List" or "Listings")
(b) User Material
You understand, acknowledge and agree that such Listings are the sole responsibility of the person from which such Listings originated. Game Brokerage reserves the right to monitor, edit or screen any Listings. If Game Brokerage determines, in our sole discretion, that any Listing does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to:
(a) remove and delete Listings;
(b) refuse to allow you to List games in the future;
(c) revoke your right to use the Website;
(d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website. Listings do not reflect the views of Game Brokerage or its Affiliates.
If a Listing originates from you or your account, you hereby agree that:
(a) you specifically authorize the Website, Game Brokerage, the authority to pitch your game license to potential Buyers, Investors, Publishers and Sponsors (b) you represent and warrant that the Posting is in full compliance with the user rules set forth above. You understand, acknowledge and agree that Game Brokerage has the right to delete, re-format and/or change your Listings in any manner that we may determine (although you will not be responsible for any such changes made). Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Listings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. If you believe that any content on the Website (including, without limitation, User Material) violates any of the terms of this Agreement please click here to send us a message about it. We do not guarantee that we will respond to your message and we reserve the right to respond to the message in any manner we deem reasonable.
You agree to indemnify, defend and hold the Website, Game Brokerage and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Listing.
LINKS TO THIRD PARTY SITES
The use of hyperlinks or URLs (collectively links) referenced or included anywhere on the Website or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by Game Brokerage, Game Brokerage does not assume any obligation, responsibility or liability on the part of, the Website or Game Brokerage or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers for any Links or the sites to which they redirect you. Game Brokerage does not verify, endorse any such third party sites and disclaims any responsibility for same, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such website.
DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Website you may deactivate your account on the Website at any time and for any reason. To deactivate your account log in to your account and then click on the "My Account" link and then select the "Cancel My Account" option. Game Brokerage reserves the right to terminate your use of and registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
This Website is controlled and operated by Game Brokerage from its offices within Massachusetts, United States of America. Game Brokerage makes no representation that the Website its applications, Listings, or any content thereon are appropriate, legal or available in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement and your use of the Website is governed by, construed and enforced in accordance with the laws of the State of Massachusetts. You specifically agree to submit all claims to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Massachusetts and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. Any action brought for violation of this agreement must be filed within 1 year of the date of said violation. Unless said violation or the identity of the violator was willfully hidden from the aggrieved party in which instance it shall be 1 year from the discovery of same.
Game Brokerage may modify these market rules by posting any modifications, including dates, on the Terms of Service portion of the Website. Any modifications will be binding on all users and effective as of the date of posting.
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