TGC Member Agreement
Please read these terms carefully, since your use of any of the services constitutes acceptance of these terms and creates a binding legal agreement. Without limiting the foregoing, you must accept these terms by clicking on the "Publish" button if you wish to use The Game Crafter's services. If you choose to accept these terms, you must do so as they are presented to you; no changes (additions or deletions) will be accepted by The Game Crafter.
1. Legal Agreement
The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to The Game Crafter's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and The Game Crafter (The Game Crafter, LLC).
Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
The Game Crafter is a tool to facilitate the exchange of information and knowledge in the world. We provide a service to enable Users to publish, and other people to purchase, digital content in on-line, or printed formats. Digital content ("Content") may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials. We also provide services to our Users, and facilitate our Users' receipt of other services from third parties.
When you post Content on The Game Crafter's website, you keep your copyright, but you grant The Game Crafter the nonexclusive right to provide a service to post, display, copy, and sell that Content within the limitations you set during the online publishing process.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize The Game Crafter to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
By posting your Content on the site, you grant that The Game Crafter, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and The Game Crafter may make minor modifications to the Content for technical reasons. Of course, The Game Crafter will credit you and/or the original artist, and we will usually ask you first. You further agree that The Game Crafter may make minor modifications to the Content for technical reasons. We will not feature Content that you have not published to our online shop. Any content you have published to our shop may be fully indexed for text searching and entered into third party sites for indexing and marketing purposes.
By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to The Game Crafter for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you.
Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
Does not invade any individual's right of privacy or publicity;
Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable content. Using profanity in a product name, logo, or on a product's page in The Game Crafter online shop is prohibited. For more information about what is acceptable for General Access, please read our Availability Settings guidelines;
Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or The Game Crafter rule or policy;
Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, The Game Crafter cannot guarantee the accuracy, integrity or quality of Content.
The Game Crafter reserves the right to refuse to permit your publication on the Site of any Content that The Game Crafter, in its sole discretion, deems in violation of the terms and conditions set forth above.
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
As the owner of the Site (as described in detail in Section 16 below), The Game Crafter reserves the right to place advertisements on the Site.
The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to The Game Crafter. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold The Game Crafter responsible for any inadvertent damage to, corruption of or destruction of the Content. The Game Crafter is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. The Game Crafter will not be responsible for archiving or backing-up any Content. If any Content transmitted to The Game Crafter is damaged, lost or corrupted in any way, The Game Crafter will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to The Game Crafter.
4. Additional Services
Pre-publishing, marketing, distribution, and other tools and services are available for purchase or for free at http://www.thegamecrafter.com/publish/. The tools and services listed there may link to external sites and are subject to the terms and conditions of such outside website, and The Game Crafter's terms and policies do not govern. If you decide to leave this Site and access any such outside website or to use any tools or services from such outside websites, you do so at your own risk.
5. Community Use
As a User, you agree not to use the Site to:
Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm anyone, including minors, in any way;
Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;
Impersonate another person or entity or to forge any e-mail communication or message; and
Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
The Game Crafter reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect, or negatively affects site operations. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.
In general, The Game Crafter collects Personal Data when you register with The Game Crafter, when you use The Game Crafter services and when you visit The Game Crafter pages or pages related to the Content posted on The Game Crafter pages. That information is used to fulfill your requests for products and services, to conduct research, to contact you, to contact those who purchase your Content and to improve The Game Crafter services. The Game Crafter endeavors to limit access to your Personal Data to only those The Game Crafter employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.
The Game Crafter will disclose Personal Data under the following circumstances:
In response to subpoenas, court order, other legal process, to establish or exercise The Game Crafter's legal rights or defend against a legal claim, or as otherwise required by law;
As necessary to investigate or prevent violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
To The Game Crafter's trusted partners who work on The Game Crafter's behalf under confidentiality agreements; and
If The Game Crafter is acquired by or merged with another company.
The Game Crafter will transfer your Personal Data to other countries where it does business, but will always treat your Personal Data with respect and privacy.
If you include your Personal Data in content that you upload for posting and/or purchase on The Game Crafter's site, that information may be widely available to other users. The Game Crafter does not exercise any control over those users and cannot guarantee that your Personal Data will be protected if you make it available as part of content posted on The Game Crafter's site. If you do not want your personal information to be displayed as part of the content you upload, then you must delete it prior to uploading. Remember, you may not include Personal Data about other people in your Content. You also may not use Personal Data about other The Game Crafter Users. If you do, you will have violated the terms of this Agreement, and The Game Crafter may terminate your membership. The Game Crafter is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Content posted on The Game Crafter's site.
The Game Crafter will set and access cookies to keep track of your login status. Please reference your browser's "Help" menu to learn how to change cookie preferences.
7. Payment Terms
In order to purchase Content, services, or tools on or through the Site, User must be at least 18 years old and possess either a valid credit card or a PayPal account (https://www.paypal.com). During the publishing process, Users are asked to choose the price for each piece of Content sold. If The Game Crafter sells your content, and we receive payment, The Game Crafter will pay you the creator revenue based on the price you chose. In general, The Game Crafter's service fee is 30% of the gross margin resulting from the sale of Content. The gross margin is the net amount actually received for your Content after freight and manufacturing costs are subtracted.
For example, if a User publishes a game that costs $5.00 to manufacture and chooses to charge $9.00 for the content.
Price of game: $9.00
Manufacturing cost: $5.00
The Game Crafter share: $1.20
Author Royalty: $2.80
In this example, the gross margin is $4.00, of which you get 70% ($2.80) and The Game Crafter gets 30% ($1.20). However, if you choose to make your Content free, The Game Crafter waives its service fee altogether.
If you have published and sold Content on the Site, the amount of Author Royalty you are owed will be visible in your "Publish > My Sales" page. You may choose to receive the Author Royalties you are due via PayPal or via in-shop credit. Paypal payments will be made in USD.
If you choose to receive your creator revenue via PayPal, you will be paid on a monthly basis. Specifically, no later than 31 days after the end of a month The Game Crafter will make a good faith effort to pay you, using the contact information in our records. If The Game Crafter owes you less than $5 for Content sales within a given month, we reserve the right, at our discretion, to roll your revenue forward to the following month until $5 is reached. It is your responsibility to update your contact information if it changes. If your account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid creator revenue to cover administrative costs.
In order to use the basic The Game Crafter Service you are not required to provide any taxpayer information. If you purchase advanced distribution services The Game Crafter may require you to provide additional taxpayer information as required by the United States Internal Revenue Service ("IRS") for the purposes of information reporting and withholding.
Content that has been purchased, whether in electronic or printed format, will be accepted for return only if it is damaged when received by the purchaser. If you receive a game, or electronic file that is damaged in some way (missing, torn, scratched, etc.), we will be happy to provide a replacement copy.
Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products. We cannot guarantee the quality of the Content hosted by The Game Crafter.
Because The Game Crafter provides a creator-controlled publishing tool, the company cannot accept responsibility for the quality of the Content hosted and/or purchased (including misspelled words, grammatical errors, etc.), its formatting, design or overall appearance. The User approves the visual presentation and content of each item and bears responsibility for its quality and presentation. The Game Crafter's staff does not monitor or check individual Content prior to publication through our web site.
9. User Registration and Information
We want to make sure that you have correctly completed the information in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.
You will have the opportunity to select a username and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your username and Password, and (b) maintaining the confidentiality of your username and Password. Only one individual may access the Site at the same time using the same username and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or Password or any other breach of security regarding the Site of which you are aware. The Game Crafter may refuse to grant you a username or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
10. Retiring Content
When you choose to 'retire' or 'delete' your Content from The Game Crafter, it will no longer be available or visible to other visitors. If your Content has never sold a copy or been used in a collaborative project, you can delete it from your Project List. The exceptions to your ability to remove Content are as follows:
Content that you have granted permission to other Users to incorporate into collaborative projects. If Content has been incorporated into another work for sale on The Game Crafter, then the derivative work remains available even when the original work is retired;
Content retained in our archives to the extent required by our data backup systems or, at The Game Crafter's discretion, for archival purposes. The Game Crafter will, however, retain any of your Personal Data only for so long as is reasonably required to fulfill the purposes for which it was collected;
Content that has been sold or used in another project may still be retired, but that Content will continue to appear on your Project List; and
Content that you have made available to purchasers in electronic formats may also remain available on the Site (in purchasers' Downloads) to Users who have purchased that Content.
The Game Crafter does not retain any residual rights to deleted or retired work other than those outlined above.
If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.
11. Restrictions on Use of Content
If you purchase Content off of the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:
You can resell your own physical content (printed games, parts, etc) at your discretion and at whatever price you want;
You may not resell any other Content or otherwise profit from its use or display on the The Game Crafter marketplace;
Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative work from the Content is permissible only if explicitly designated in the permissions included with the Content at purchase and only to the extent so explicitly designated. You agree to abide by any restrictions included with the Content;
The Content owners who sell Content through The Game Crafter retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party; and
You will not remove or obscure any proprietary rights notices contained in or on the Content.
12. International Users
The Game Crafter makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.
13. Operation of Site
Technical, maintenance and other issues may make The Game Crafter unavailable from time to time. The Game Crafter makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet User's purposes. The Game Crafter may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
Everything on The Game Crafter's Site and everything sold via the Site, including all software, services, information, materials, forums, tools and Content is offered by The Game Crafter and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, The Game Crafter cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
Regarding downloads, The Game Crafter does not represent or warrant that downloading content or use of the site will be successful, and does not represent or warrant that any such downloading or use will not cause damage to your computer, data, software, files or peripherals. The Game Crafter will not be liable for any damage to your computer, data, software, files, or peripherals that may be caused by your use of the site and downloading Content.
15. Limitation of Liability
In no event shall The Game Crafter Enterprises, Inc. or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if The Game Crafter or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of The Game Crafter, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to The Game Crafter in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of The Game Crafter, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against The Game Crafter in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this agreement are as expressly set out in this agreement. Any warranty gives you specific legal rights. You may also have other rights, which vary from state to state or country to country.
If someone takes The Game Crafter to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by The Game Crafter. In other words, you shall indemnify and hold The Game Crafter harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that The Game Crafter may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.
16. Proprietary Rights
The Game Crafter is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. The Game Crafter owns the design, format and layout of the Site. The Game Crafter authorizes Users of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from The Game Crafter does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, The Game Crafter grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The The Game Crafter logo and the names of all The Game Crafter products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of The Game Crafter.
This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of Wisconsin, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Madison, Wisconsin The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. The Game Crafter and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
This Agreement is effective until terminated. The Game Crafter may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your Membership by following the Disable Account link on your my account page, or by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by The Game Crafter. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
19. Agreement and Amendments
By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
The Game Crafter may change the terms in this Agreement from time to time. When the terms are changed, The Game Crafter will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify The Game Crafter and discontinue your use of the Site. If you use the Site after The Game Crafter has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
20. Digital Millennium Copyright Act
If you believe that any material contained in this Site infringes your copyright, you should notify The Game Crafter of your copyright infringement claim in accordance with the following procedure.
The Game Crafter will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
The Game Crafter, LLC
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
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 at a single online site are covered by a single notification, a representative list of such works at that 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has 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; A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. E-mails sent to firstname.lastname@example.org for purposes other than communication about copyright claims may not be acknowledged or responded to.