By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
2. Requirements for Use of the Site and Services
Children Under 13
3. Free Services and Fee-Based Services
The Services and Site are available for individuals aged 13 years or older. If you are under 13 years of age, you may not use the Site or Services; the Site and Services are not intended for children under 13 years of age. Parents or legal guardians may not consent to the use of the Site and Services by children under 13. GameBuilder, Inc. respects the privacy rights of children and encourages parents and legal guardians to take an active role in their children’s online activities.
Children Under 18
If you are 13 years of age or older, but not yet 18 years of age, you may only use the Site and Services with the consent of your parent or legal guardian. You should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand the Terms. Your parent and legal guardian hereby agrees to assume full responsibility and liability for your acts and omissions in connection with your use of the Site and Services.
Compatible Devices and Access
Use of the Site and Services requires compatible devices, Internet access, and certain software (fees may apply), which may require periodic updates, and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that these requirements and recommendations, which may change from time to time, are your responsibility.
The Services consist of: (i) services for which users are not required to pay any fee to GameBuilder, Inc. (“Free Services”); and (ii) services for which users must pay a fee to GameBuilder, Inc. before they can use such services (“Fee-Based Services”). Most of these Terms apply to both the Free Services and the Fee-Based Services. If different terms apply to either type of Services, we make this clear below in these Terms. GameBuilder, Inc. reserves the right in the future to charge for your use of any portion of the Free Services at any time in its sole discretion, upon notice to you.
4. User Account
A user account (“Account”) is required to access and use the Services. To create an Account, you must have an e-mail address. You represent and warrant that: (i) you will provide truthful, accurate, current, and complete Account registration information; (ii) you will promptly update such information if it changes to keep it accurate and complete; (iii) you are 13 years of age or older; and (iv) your use of the Site and Services does not violate any applicable law, rule or regulation. You hereby authorize GameBuilder, Inc., either directly or through third parties, to make any inquiries we consider necessary to validate your Account registration data. You agree that you will not misrepresent yourself, or represent yourself as another user of the Site or the Services. Some Services may require you to create a “user name” and/or a “persona”. You may not use a user name or persona that is used by someone else or that is vulgar or offensive or that otherwise violates these Terms. You are solely responsible for maintaining the confidentiality and security of your user name, persona and Account information, and for all activity occurring under your Account as a result of your failure to keep such information secure and confidential. GameBuilder, Inc. will not be responsible for any losses arising out of the unauthorized use of your Account. You may not allow any third party to use your Account for any purpose. You must notify GameBuilder, Inc. promptly in the event of any unauthorized use of your Account, user name or persona, or any other security breach. GameBuilder, Inc. has no liability to you or any third party for any loss or damage arising from your failure to comply with your obligations specified in this section. You agree that GameBuilder, Inc. may store and use the registration data you provide for use in maintaining and billing fees to your Account.
You must have an Account to use the Services. You can sign up for a free membership Account to access and use the basic version of the Services or any other Free Services, but to access and use the Fee-Based Services, you must pay GameBuilder, Inc.’s then-current applicable fees for the Fee-Based Service you are purchasing (e.g. an annual subscription fee or one-time fee). Payments will be charged to your Account on the date on which the relevant Fee-Based Service is first made available to you (“Activation Date”). Thereafter, for subscription fees, on each anniversary of the Activation Date, your subscription will automatically renew and your Account will be charged for the then-current annual subscription fee, unless you cancel your subscription to the relevant Fee-Based Service before the upcoming anniversary of the Activation Date. Except as expressly stated by GameBuilder, Inc. in these Terms, all fees paid or owed by you are non-refundable.
6. Monetization Plugins
You agree to pay all fees charged to your Account based on GameBuilder, Inc.’s fees, charges, and billing terms then in effect as shown on the payment page of the Site. If you have a balance due on any Account, you agree that GameBuilder, Inc. may, and you hereby authorize GameBuilder, Inc. to, charge such unpaid fees to your PayPal account, or such other payment method accepted by GameBuilder, Inc., or otherwise bill you for such unpaid fees or other applicable charges. If you do not pay any amount due on time, or if GameBuilder, Inc. cannot charge your PayPal account or other payment method for any reason, GameBuilder, Inc., in addition to any other rights or remedies it may have, reserves the right to either immediately suspend or terminate your access to all or a portion of the Site and/or Services. All payments to your Account must be made from a source for which you are the named account holder. GameBuilder, Inc. is not liable for any loss caused by any unauthorized use of your PayPal account, or any other method of payment by a third party in connection with your use of the Site or Services, or the use of your Account. GameBuilder, Inc. reserves the right to change its fees and billing methods at any time; any changes to the fees or billing methods will be posted on the Site or through the Services. Your continued use of the Services after the changes have taken effect means that you accept such changes. You are responsible for paying any taxes that may apply, or relate to, your use of the Services (including, without limitation, any income or other taxes payable by you if you sell Executable Packages developed using the Services), in addition to the fees or other applicable charges due under these Terms.
GameBuilder, Inc. offers you various methods to generate advertising revenue through your Executable Package (“Monetization Plugins"). If you are a user of our Fee-Based Services, you will have the option to utilize one or more Monetization Plugins. The Monetization Plugins are provided through third party vendors (“Monetization Vendors”). Whether your use of the Monetization Plugins is automatic or optional, you may be required to agree to terms and conditions of the applicable Monetization Vendor(s) (“Monetization Vendor Terms”). Notwithstanding anything to the contrary in the Monetization Vendor Terms, by utilizing the Monetization Plugins, you agree that:
- The applicable Monetization Vendor may place unique tags within your Executable Package in order to deliver advertisements or other promotions (“Ads”) through your Executable Package.
- You will not attempt in any way to circumvent or interfere with the serving of Ads through your Executable Package.
- You may not, directly or indirectly, or allow any person or company to directly or indirectly, engage in or enable the use of any deceptive means, incentives, computerized, fraudulent or other invalid means to increase the number of users, impressions, page views, click-throughs or any other measure of traffic on or in connection with an Ad embedded within your Executable Package. The foregoing restrictions include, as an example, any action by you to offer to any third person or end user of your Executable Package any inducement to click on any Ads.
- You are responsible for collection your ad revenue from Monetization Vendors.
GAMEBUILDER,INC MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE MONETIZATION TOOLS, THE SERVICES PROVIDED BY MONETIZATION PARTNERS, THE SUCCESS OF SUCH SERVICES, AS MEASURED IN ANY WAY, ANY CONTENT PROVIDED BY AN ADVERTISER (INCLUDING THE QUALITY OR CONTENT THEREOF), ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE MONETIZATION TOOLS, THE ADVERTISEMENTS, SITES LINKED THERETO OR THEREFROM OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. GAMEBUILDER,INC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES RELATING TO THE MONETIZATION PLUGIN, INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE CONTENT, PRODUCTS OR SERVICES ADVERTISED, OR SITES LINKED THERETO OR THEREFROM; AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MONETIZATION TOOLS.
7. Ownership of Content and Software
GameBuilder, Inc. and/or its third party licensors owns all right, title and interest in and to: (i) the information, features, applications, text, content, files, advertising, graphics, images, photos, videos and video clips, screen shots, art work, icons, audio, sounds, musical works, copyrighted text, works of authorship, descriptions, user and visual interfaces, widgets, third party user Submissions and Feedback (each as defined below), and other materials or information provided on and through the Site and Services (collectively, the “Content”); and (ii) the proprietary software, algorithms and code made available by GameBuilder, Inc. through the Site and Services (collectively, the “Software”), including, without limitation: (a) the downloadable software tool made available to you in object code form (the “GameBuilder Tool”); and/or © the software that enables embedding of GameBuilder, Inc. Submissions in websites (the “Adobe Flash Embeddable Player”) and (iii) the design, appearance, structure, selection, coordination, expression, look and feel, and arrangement of the Site, Services, Software and Content; and (iv) the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on, or in, the Site, Services, Software and Content. Notwithstanding the foregoing, your Submissions (including, without limitation, to the extent your Submissions are embodied in an Executable Package) and Feedback are not “Content” or “Software” for purposes of these Terms. You agree: (1) to use the Site, Services, Software and Content solely as expressly permitted by these Terms or as otherwise expressly permitted by GameBuilder, Inc., and at all times in accordance with all applicable laws, rules and regulations; and (2) that your unauthorized use of the Site, Services, Software or Content may violate copyright, trademark, trade secret or patent laws, or various other intellectual property rights of GameBuilder, Inc. or third parties, unfair competition laws, the laws of privacy and publicity, and civil and criminal statutes.
8. License Grant From GameBuilder, Inc. for Services
To the extent that you use the Services, and subject to your compliance with these Terms, including, without limitation, your payment of all fees and other amounts due in connection with your use of the Fee-Based Services, GameBuilder, Inc. hereby grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to: (i) publish, publicly display, publicly perform, market, sell and license each Executable Package solely for your personal or commercial use, and solely on the Site or as desktop games, or as games for mobile applications including, without limitation, Apple products, in each case for use by third party end users who license the right to play the game embodied in each Executable Package for their own personal use from you; (ii) publish, publicly display, publicly perform, market, sell and license each Executable Package solely for your personal or commercial use on other web sites as web-based games through the Adobe Flash Embeddable Player; and (iii) download and use the Adobe Flash Embeddable Player for the sole purpose of publicly displaying and performing Executable Packages. “Executable Package” means a game that can function independently of the GameBuilder, Inc. platform consisting of: (a) your Submission; and (b) the GameBuilder Engine in object code form only.
If any Services are subject to additional license or use terms, then those terms will apply in addition to these Terms and such additional terms, if any, will be notified to you if and when you elect to purchase or download such Services. If any Services are for third party software, content and/or other copyrighted material (“Third Party Content”), then your use of such Third Party Content is governed by the acknowledgements, licensing terms and disclaimers for such Third Party Content.
For clarity, “personal or commercial use” means that you, as an individual and/or on behalf of any person or entity other than yourself in your personal capacity (e.g., on behalf of an employer, or as a game developer or contractor), may publish, publicly display, publicly perform, market, and sell each Executable Package to third party end users for a fee or free of charge. Any fees you charge are earned solely by you in your personal capacity as an individual or by your employer.
In using the Services, you will not commit any act, or refrain from taking any action, and you will not agree to any legal or other contractual terms, that reduce or otherwise negatively affect in any way, GameBuilder, Inc.’s and its licensors’ right, title and ownership of the intellectual property and other proprietary rights applicable to, or embodied in, the Site, Services, Software (including, without limitation, the GameBuilder Engine and Adobe Flash Embeddable Player), and Content. You will not remove any proprietary trademarks, logos or other designations of GameBuilder, Inc.’s ownership, including without limitation, any "Made with GameBuilder" or equivalent designation(s) from any Executable Package or the Adobe Flash Embeddable Palyer.
Without limiting any other rights or remedies of GameBuilder, Inc., the limited license and the rights granted above will terminate automatically, without notice to you, if you breach, or threaten to breach any of the terms or conditions of these Terms.
The materials on GameBuilder, Inc.'s web site are provided "as is". GameBuilder, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GameBuilder, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall GameBuilder, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on GameBuilder, Inc.'s Internet site, even if GameBuilder, Inc. or a GameBuilder, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
11. Revisions and Errata
The materials appearing on GameBuilder, Inc.'s web site could include technical, typographical, or photographic errors. GameBuilder, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. GameBuilder, Inc. may make changes to the materials contained on its web site at any time without notice. GameBuilder, Inc. does not, however, make any commitment to update the materials.
GameBuilder, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GameBuilder, Inc. of the site. Use of any such linked web site is at the user's own risk.
14. Governing Law
Any claim relating to GameBuilder, Inc.'s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Our policy is posted here
This document was last updated on March 05, 2015