1. Acceptance of Terms and Conditions of Service

    1. TheGameDevStore.com Inc, a company formed in USA Lenexa, KS 66219  (“TheGameDevStore.com“, “TheGameDevStore“, “we” or “us“) owns, operates and maintains the TheGameDevStore.com website content, including, without limitation, all sub-domains and sub-pages (the “Site“), TheGameDevStore.com desktop client software, mobile application, API (the “Software“) (collectively, the “Service“).
    2. By registering an account, accessing, viewing, or using this Website’s Service you agree to be bound by these the terms of service and conditions (these “Terms“), presented in this document. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
    3. The Service is available only to people who are of legal age to form a binding contract, and in no event may the Service be used by a person under the age of 13 without consent from such person’s parent or legal guardian. You choose to access, view or use the Service on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
    4. If you do not or cannot agree to the terms of this Agreement, do not register an account, access, view, or use this Website’s Service, do not download or use software and digital media distributed by TheGameDevStore.com.
  2. Acceptable Use

    1. The posting of content that negatively impacts the experience of other users, members, or visitors will result in account suspension for an undetermined period of time pending investigation. The results of Investigation will be used to determine removal of Suspension with Warning or Termination. Cases of misconduct will be handled individually and the policy document may be updated to reflect the decision.

      The following actions are prohibited:

      1. Uploading viruses or malicious code
      2. Spamming, Flooding, Chain letters, Pyramid Schemes, and Non Game Development Advertisement and Solicitations
      3. Posting unlawful, misleading, malicious, or discriminatory content
      4. Bullying, intimidating, harassing, defaming, or threatening others
      5. Posting content that promotes or participates in racial intolerance, sexism, hate crimes, hate speech, or intolerance to any group of individuals
      6. Soliciting personal information or login details of others
      7. Violating copyright by posting content without permission to distribute
      8. Hacking, maliciously manipulating, or misrepresenting TheGameDevStore.com’s Web-based interface and APIs in any way using the built in tools for page customization.
      9. PayPal Acceptable Use Policy.
        We do not participate in nor use PayPal service for activities that:

        1. Violate any law, statute, ordinance or regulation.
        2. Relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
        3. Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.
        4. Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
  3. Accounts

    1. TheGameDevStore.com staff reserve the right to disable your account and remove your content at any time if they find you in violation of these Terms. You are responsible for all content uploaded with your account, and subject to whatever legal restrictions you would normally be under for distributing such content.
  4. Rights

    1. You must be the owner of the Software Application, Game Asset, Digital Media (“Products”) submitted for commercial and non-commercial distribution in TheGameDevStore.com Marketplace. We reserve the right to request Proof of ownership and conduct a intensive Intellectual Property Private Investigation at will for any reason. Product License(s) must permit commercial use.
    2. Core Product Rights

      1. A Core Product is a product (Core) that acts as a base or standalone with no dependencies. As the owner of the Core Product, you retain all ownership rights to distribute Core product in other Marketplaces and remove your Core product from TheGameDevStore Marketplace at will. Core products must be available for commercial distribution in TheGameDevStore Marketplace to receive any payments from sales.
    3. Modification Rights

      1. By using TheGameDevStore.com’s Services, You grant members of TheGameDevStore.com Site permission to produce and commercially distribute Modifications, Accessories, Add-ons/Plugins, and Extensions (collectively known as ‘Mods’) for Core Products you upload for commercial and non-commercial distribution in TheGameDevStore.com Marketplace.
      2. Mods must maintain a dependent relationship with one or more Core products in order to qualify for commercial distribution in the TheGameDevStore.com Marketplace.
      3. Mod Author retain ownership Rights of the Mod and may continue to commercially distribute Mod if Core Product is removed from TheGameDevStore.com. Mods are restricted to distribution in the TheGameDevStore.com Marketplaces governed under these Terms of Service, which may not be compatible to Terms in other online Marketplaces.
    4. Additional Modification Rights

      1. As a Mod Author, you grant members of TheGameDevStore.com Internet Domain, Internet Sub Domains, Affiliated Internet Domains, and Partnering Internet Domains a Sub-License to produce and commercially distribute Modifications, Add-ons, and Extensions for Mods (“Mods of Mods”, “Nested Mods”, “Mod Hierarchy”) you distribute and sale in TheGameDevStore.com Marketplace. Mods of Mods Right are the governed by the Terms of Service herein as Modding Rights.
    5. Promotional Rights

      1. By using TheGameDevStore.com’s Services you grant TheGameDevStore.com permission to use interactive and non-interactive promotional material you have provided for your Core Products, Mods, Mods of Mods (screenshots, cover-images, videos, audio, app demos) on other parts of the site in order to link to or showcase your Products, Mods, Mods of Mods.
      2. In the event, Core Products, Mods, Mods of Mods are removed from distribution in TheGameDevStore.com’s Marketplace, TheGameDevStore.coms is granted permission to continue using promotional materials to promote and distribute any associated Mods.
  5. Pricing

    1. By submitting Products for distribution in TheGameDevStore.com Marketplace you grant TheGameDevStore.com the right to sell the content on your behalf. TheGameDevStore.com applies 18% to 30% Markup of all digital transactions.
  6. Refunds

    1. TheGameDevStore.com offers no Digital Rights Management (DRM) protection for Sellers of Products and Services distributed digitally, as a result, we cannot offer Refunds to Buyers. It is the Seller’s option to provide Warranty, Exchange, and Refund options. TheGameDevStore.com is not responsible for refunds of sales of your Products. You are the primary receiver of the payment and thus are responsible to handle the refund.
  7. Warranty

    1. The website, TheGameDevStore.com is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. in no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the website or related services.
  8. Indemnification

    1.  You hereby agree to indemnify and hold harmless TheGameDevStore.com, and its subsidiaries and partners, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the partners trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
  9. Miscellaneous

    1. As a Seller or Affiliate of TheGameDevStore.com Marketplace, you agree that you are an independent contractor, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and TheGameDevstore.com Inc. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

For all matters related to these Terms, please email: TC@TheGameDevStore.com

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