Terms & policy
Last Updated: June 2017
Submit Game ("Company", "we" or "us") provides self-serve distribution software via its website submitgame.io. Company offers various services to you, whether as a distributer or reviewer, through the website (submitgame.io), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service (as defined below) and/or your registration with Company constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Services.
// * PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. //*
Submit Game facilitates communication between those sharing games and those receiving games. We will do our best to ensure that this communication takes place as smoothly as possible. We cannot, however, be held responsible for the actions of those using this service.
We fully expect that when a blog, YouTube channel or similar entity agrees to review a song, it is their intention to do so. We will help to facilitate contact between the two parties if issues arise. We cannot, however, be held accountable if said communication fails.
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use Company or our Service.
In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of your company, then (a) "you" includes you and your company, and (b) you represent and warrant that you are an authorized representative of your company with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on your company's behalf. By connecting to Company with a third-party service (e.g., Google, Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your authentication credentials for that third-party service. The service is not available to any User who has been removed by Company.
Company offers a platform for reviewers to review games, whether by premium (paid) credits or standard (free) credits. The "Service" means the product, platform or service provided or made accessible to you by Company.
By registering and participating in this Service, you agree and represent as follows:
You are of legal age and are otherwise capable of forming a legally binding contract;You agree to be financially responsible for your Account and to comply with your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds;All information you submit to Company or in connection with a Company service is accurate and complete and that you will maintain and promptly update any profile supplied to Company or to Users to ensure accuracy at all times;You agree to be contacted via Email by Company regarding Company's services;You hereby grant Company permission to email or display your profile and such other information as may be supplied by you to Company on or from Company's website as Company shall deem advisable in its sole determination in connection with the Service for you;By using the Service, you are granting Company permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services;Whether as a reviewer, you agree that all orders placed are non-cancellable
Company respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, Company cannot and does not monitor all of the materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any materials posted via the Service. You expressly agree that Company will not be liable for materials.
In connection with your use of the Site or your Account, you agree to:
Notify us via email if you wish to permanently close your Account;
Accept Company's terms for payment, cashouts, and the like, as described in the Account registration process on the Site.
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) engaging in unauthorized commercial activities and/or sales without Company's prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (f) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Company website or for any other unauthorized purpose without Company's prior written consent; (f) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (g) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (h) taking any action that imposes an unreasonable or disproportionately large load on the Service or Company's hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are set forth herein, nor will you use this Service in violation of the law or these Terms of Service.
As a part of our Service, Company may offer links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Company does not operate or control in any way any information, software, products or services available on such web sites. Company's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Company, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
Company intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Company may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Company AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF Company'S SERVICE IS AT YOUR OWN RISK. Company AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Company'S SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH Company, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Company AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Company OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Company'S LIABILITY, AND THE LIABILITY OF Company'S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO Company DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN Company AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
ERRORS AND DELAYS
Company is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
You may fund your account in two ways: (1) you can process payments to your account via a credit card; and (2) you can earn funds by approving premium submissions as a reviewer ("Earned Funds"). Deposited Funds will appear as "Premium Credits" in your Account balance and be available for you to purchase premium submissions; however, Deposited Funds may not be cashed out. Earned Funds will generally appear in your Account balance after responding to a Premium Submission, and Earned Funds may be cashed out upon your request per the instructions given elsewhere on the Site. Please note that if your Account is inactive for a six-month period (i.e. you have not signed into your Account, you have not added more Deposited Funds, you have not purchased any premium credits, or you have not received any Earned Funds during that time), then we may deem your Account inactive. If your Account is inactive after a twelve-month period, your Account balance will be charged as an inactive fee. Company may, but has no obligation to, give you prior notice of the imposition of any inactive fee.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account. You are responsible for any charges assessed by your bank or payment provider.
Bloggers,youtubers and streamers must have a Stripe account to receive commission payments. The company will not transfer the funds via other services
Company reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Company at any time by delivering a written notice addressed to email@example.com. You shall be responsible for ensuring delivery of the notice to Company. Company shall not be obligated to store any data or files for more than ninety (90) days after termination of your access to the Service.
Company reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Company shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.
All contents of the Service are copyrighted © 2017 Submit Game All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.