Craater Terms of Service

Effective June 11, 2018. Last Revised June 11, 2018

Hi there! Thanks for taking the time to read our Terms of Service. We’ve tried to make them as user-friendly as possible. If you still have any questions by the end of the document, feel free to email us at support@craater.com so we can answer them. Anyway, we have a lot of legal stuff to get through, so let’s get started.

Quick Overview

To save you time, we've outlined the most important aspects of our full Terms of Service found below.

  • You need to give us your email address and password to make an account (of course), along with some extra information to help us know who you are (for example, the name of your YouTube channel or game studio)
  • You can terminate your account at any time and request that your content be deleted from Craater by emailing us at support@craater.com. We don’t require any platform lock-in or exclusivity.
  • Craater will let you use our services, but you shouldn’t intentionally mess with them or otherwise act in bad faith.
  • As a Developer, you grant Craater a license to display, promote, sell, and distribute your game(s) to our users using screenshots, videos and other content provided by you. You affirm that you have the right to upload and sell your content through Craater.
  • If you’re going to take us to court for some reason, you have to do it in Delaware.
  • You may be subject to third party acceptable use agreements from platforms Craater uses to handle payments, like Stripe and PayPal.
  • You must be at least 13 years of age to use Craater or any of our services and have legal rights to enter into the Terms of Service

Definitions and Privacy Policy

This Terms of Service (“Terms”) applies to your access to and use of the websites, products, and services offered by Craater, Inc. (“Craater”, “we”, or “us”). In this document, we will refer to Craater’s websites, products, and services collectively as the “Services” or our “Services”. Craater and our Services are also governed by a separate Privacy Policy, which you can read at https://www.craater.com/privacy.html.

Access to Craater and our Services

Any person under the age of 13 is not allowed to create an account or otherwise use the Services. By using any part of our Services, you affirm that you are at least 13 years of age. Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.

In addition, some of our Services or portions of some of our Services may require you to be older than 18 years of age to use. These include any Services that involve Craater or our Services or one of our third party partners making payments to you. If you make use of any of these Services, you affirm that you are at least 18 years of age.

If you are accepting these Terms on behalf of another legal entity, including a business, you represent that you have full legal authority to bind such entity to these terms.

Use of Craater and our Services

Craater grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access our Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to license, sell, transfer, assign, or distribute the Services, nor does your license include the right to modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services.

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

User Accounts

To use certain features of our Services, you may be required to create an account with Craater (“Account”) and provide us with an email address, password, and certain other information about yourself as described in our Privacy Policy available at https://www.craater.com/privacy.html.

You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with Craater and the Services.

Your Content

Using our Services may involve you submitting text, links, graphics, photos, videos, descriptions, or access keys (“Content”). By submitting Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to that Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

If the Content you submit is intended for sale, you affirm that you have full legal right to upload and sell your content through Craater and that other users can purchase this Content without violating any the rights of any other entity.

You retain any ownership rights you have in the Content you submit, but you grant Craater the following license to use that Content:

When you create Content with or submit Content to the Services, you grant Craater a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display the Content and any name, username, voice, or likeness provided in connection with the Content in all media formats and channels now known or later developed. You also agree that we may remove metadata associated with the Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to the Content.

Any ideas, suggestions, and feedback about Craater or our Services that you provide to us are entirely voluntary, and you agree that Craater may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor the Content you submit, we may, in our sole discretion, delete or remove the Content at any time and for any reason, including for a violation of these Terms, or if you otherwise create liability for us.

Third-Party Content

Our Services may contain links to third-party websites, products, or services, which may be posted by our affiliates, our partners, or other users like you (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

Playing Nice and by the Rules

When accessing or using Craater and our Services, you must respect others and their rights so that we all may continue to use and enjoy the Services.

When accessing or using our Services, you will not:

  • Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights;
  • Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
  • Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
  • Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services except as permitted in these Terms or in a separate agreement with Craater;
  • 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;
  • We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to support@craater.com.

Copyright, the DMCA & Takedown Requests

Craater respects the intellectual property of others and requires that users of our Services do the same. Our policy is to remove any infringing materials from the Services and to terminate the accounts of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright that you own or control, you may notify Craater’s Designated Agent by by emailing legal@craater.com. Please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Craater for costs and damages.

If we remove any Content you uploaded in response to a copyright or trademark notice, we will notify you via an email message sent to the email address used for your Account. If you believe that the Content you submitted was wrongly removed due to a mistake or misidentification, you can send a counter notification to Craater’s Copyright Agent by emailing legal@craater.com.

Payment Information

There are no membership or recurring fees for use of many aspects of Craater and our Services.

For those Services that involve Craater selling games or other items on your behalf, Craater will owe you 80% of the net proceeds of each sold game or other item. For example, if Craater sells one copy of a $11 game on your behalf, and our payment processor partner charges us $1 for that sale, Craater will owe you $8 (Calculated as ($11 - $1) * 80%). Craater will automatically attempt to settle any debts owed to you when the total of all debts owed to you is $100 (in US Dollars) or more. You may additionally request any outstanding debts of any amount be settled earlier by sending a request to support@craater.com from the email address associated with your Account.

Craater may someday choose to offer premium features for purchase on some or all of our Services. Craater may change the fees or benefits associated with such premium features or services from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with these premium features or services.

You may submit your debit card, credit card, or other payment information ("Payment Information") via our Services to purchase premium features, games, items, or other paid products or services. We use third-party service providers to process your Payment Information, including Stripe and/or PayPal. If you submit your Payment Information to Craater, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.

Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “Craater Entities”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) the Content you submit to the Services. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CRAATER, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. CRAATER DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE CRAATER ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF ANY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL CRAATER BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CRAATER AND ITS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID CRAATER IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF CRAATER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Governing Law and Venue

We try to keep things informal whenever possible. So if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns by emailing us at legal@craater.com.

Any claims arising out of or relating to these Terms or the Services will be governed by the laws of Delaware; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Dover, Delaware; and you consent to personal jurisdiction in these courts.

Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

Termination

You may terminate these Terms at any time and for any reason by requesting that we delete your Account by emailing support@craater.com. If you stop using the Services without deleting your Account, your Account may be deactivated or deleted due to prolonged inactivity.

We may suspend or terminate your Account or ability to access or use the Services at any time for any reason, including for a violation of these Terms. This is a last resort; Craater will always attempt to resolve any issues informally before suspending or terminating your Account.

The following sections will survive any termination of these Terms or of your Accounts: Your Content, Playing Nice and by the Rules, Indemnity, Disclaimers, Limitation of Liability, Governing Law and Venue, Termination, and Miscellaneous.

Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.