This legal agreement between you and BV UNIVERSAL LTD ("XFUN Arcade") governs your participation as a game developer who submits games to xFunArcade. You must read this agreement (“Agreement”) before clicking the "Agree" button and confirming the terms and conditions set out in this agreement. When you click "Agree," you are legally bound by the terms of this agreement. If you disagree, please press "Cancel".
You understand and agree that by submitting a game build via this online submission form or any other media, you become a registered xFunArcade Developer (“XFUN Arcade Developer”). However, no legal partnership or agency relationship is created between you and xFunArcade. You agree not to represent otherwise.
You certify that you are at least eighteen years of age and you represent that you are legally permitted to register as a xFunArcade Developer. The xFunArcade ID and password you use to log into your xFunArcade Developer account cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of your xFunArcade ID and password and for any activity in connection with your account. This Agreement is void where prohibited by law and the right to register as a xFunArcade Developer is not granted in such jurisdictions.
As a xFunArcade developer, you receive a revenue share in each transaction, in-app-purchase (IAP) or tournament prize pot, conducted in your integrated game (note: virtual games do not generate any volumes and thus, carry no revenue share). Your revenue entitlement breaks down as follows:
Player vs Player duel: 33% from all traffic
IAP: 90%
Tournament Prize Pot: 33% from all traffic
Revenue share entitlements can be viewed in your Developer Back Office and can be withdrawn after you have completed KYC.
Furthermore, as a xFunArcade Developer, you will be given the opportunity to attend online and offline events and broadcasts. You may also receive game development related content, including but not limited to, confidential, early releases of SDKs and other information solely for your own use in connection with your participation as a xFunArcade Developer. If you have breached any term in this agreement and this breach has brought brand or legal harm to xFunArcade, xFunArcade may change, suspend or discontinue providing the above to you at any time, and may impose limits on features and materials offered or restrict your access to parts or all of such materials without notice or liability. This includes any revenue share entitlements as well.
You agree to submit games and game builds that are not in violation of local or any global trademarks or patents. If you are using a derived build (i.e a re-skinned template), you must ensure that you have the commercial distribution rights to derived work. Furthermore, you may not insert viruses, trojans, monitoring code or any type of code into submitted builds that could extract sensitive information from xFunArcade, or its users.
You agree not to exploit any content provided to you by xFunArcade as a xFunArcade Developer, in any unauthorized way. Copyright and other intellectual property laws protect the Site and Content provided to you, and you agree to abide by and maintain all notices, license information, and restrictions contained therein. You are not allowed to modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any content received from xFunArcade.
Furthermore, you may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components on the xFunArcade site or content you may have received from xFunArcade. Any attempt to tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited.
xFunArcade retains ownership of all content on xFunArcade. This includes partial or complete builds that may be submitted for approval to xFunArcade, by you. No other rights or licenses are granted or to be implied under any xFunArcade intellectual property. When you submit your game to xFunArcade, you expressly understand that you are handing the intellectual property behind the game over to xFunArcade unless you expressly request this to not be the case and can demonstrate that you own or occupy a gaming or gambling license.
You agree that any xFunArcade pre-release materials and content, along with communications with the xFunArcade Submission Team during your game-review period, provided to you as a xFunArcade Developer and any information disclosed by xFunArcade to you in connection with XFUN Arcade, is considered confidential information.
Confidential information, however, does not include information that is generally and legitimately available to the public through no fault or breach of yours; (b) information that is generally made available to the public by xFunArcade; (c) information that is independently developed by you without the use of any xFunArcade Confidential Information; (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation; or (e) any third party software and/or documentation provided to you by xFunArcade and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.
Unless otherwise expressly agreed or permitted in writing by xFunArcade, you agree not to disclose, publish, or disseminate any confidential information to anyone other than to other xFunArcade developers who are employees and contractors working for the same entity as you and then only to the extent that xFunArcade does not otherwise prohibit such disclosure. Except for your authorized purposes as a xFunArcade Developer or as otherwise expressly agreed or permitted by xFunArcade in writing, you agree not to use confidential information in any way, including, without limitation, for your own or any third party’s benefit without the prior written approval of an authorized representative of xFunArcade in each instance. If you are unsure of what may constitute confidential information, please email [email protected].
You further agree to take precautions to prevent any unauthorized use, disclosure, publication, or dissemination of confidential information. You agree that xFunArcade will seek immediate injunctive relief to enforce your obligations under this agreement in addition to any other rights and remedies it may have, if you have leaked or used confidential information. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose confidential information, you may make such disclosure, but only if you have notified xFunArcade before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as confidential.
You agree to not reveal any information about your experience with xFunArcade on any public online social media channel, if said information paints the xFunArcade brand in a negative light. Defamation to the xFunArcade brand can carry significant legal consequences.
Communication. xFunArcade reserves the right, at its discretion, to modify this Agreement, including any rules and policies at any time. You will be notified of any changes and be responsible for reviewing changes (including new terms, updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions). All changes are hereby incorporated into this Agreement by this reference and your continued use of xFunArcade will indicate your acceptance of any changes.
In addition, xFunArcade may send electronic communications to you from time to time. Such communications may be in the form of phone calls and/or emails and may include, but not be limited to, membership information, marketing materials, technical information, and updates and/or changes regarding your participation as a xFunArcade Developer. By agreeing to this agreement, you consent that xFunArcade may provide you with such communications.
xFunArcade may terminate or suspend you as a registered xFunArcade Developer at any time, at its sole discretion. If xFunArcade terminates you as a registered xFunArcade Developer, xFunArcade reserves the right to deny your reapplication at any time in XFUN Arcade’s sole discretion and any outstanding payments to you. You may terminate your participation as a registered xFunArcade Developer at any time, for any reason, by notifying xFunArcade in writing of your intent to do so. Upon any termination or, at XFUN Arcade’s discretion, suspension, all rights and licenses granted to you by xFunArcade will cease, including your right to access xFunArcade, and you agree to destroy any and all confidential Information that is in your possession or control.
Terms governing the non-use of confidential information or transmission of said information you have received as a result of being a registered developer at xFunArcade, survives the termination of this agreement.
If you have not applied for and received exemption to retain full ownership of your I.P after submitting a game to xFunArcade after demonstrating that you have a gaming or gambling license, then your game submitted to us may continue to remain on xFunArcade despite termination of this agreement.
Nothing in this agreement will impair XFUN Arcade’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, software or technologies that you may develop, produce, market, or distribute. In the absence of a separate written agreement to the contrary, xFunArcade will be free to use any information, suggestions or recommendations you provide to xFunArcade pursuant to this agreement for any purpose, subject to any applicable trademarks, patents or copyrights.
While you may use the mark “XFUN Arcade” or the xFunArcade Logo, or any other marks belonging or licensed to xFunArcade, you agree that all goodwill arising out of your authorized use of XFUN Arcade’s marks shall inure to the benefit of and belong to xFunArcade. You also may not distort or contort the xFunArcade logo or any other marks belonging or licensed to xFunArcade in a way that brings brand harm to xFunArcade.
xFunArcade and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors (collectively, “XFUN Arcade”) do not guarantee that the site, content, services (including, functionality or features of the foregoing) or any other information or materials that you receive hereunder as a xFunArcade developer will be accurate, reliable, timely, secure, without errors and/or will be corrected. XFUN Arcade’s website and liquidity services are provided on an “as-is” and “as-available” basis and the service is subject to change without notice.
xFunArcade cannot ensure that any content (including files, information or other data) you access or download from the service will be free of viruses, contamination or destructive features. Further, xFunArcade does not guarantee any results or identification or correction of problems as part of the service and xFunArcade disclaims any liability related thereto. xFunArcade disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. xFunArcade disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the service.
You assume total responsibility and all risks for your use of the service, including, but not limited to, any information obtained thereon. Your sole remedy against xFunArcade for dissatisfaction with the service is to stop using the service. This limitation of relief is a part of the bargain between the parties. To the extent that xFunArcade makes any pre-release software, hardware or other products, services or information related thereto available to you as an xFunArcade developer, you understand that xFunArcade is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or services changes that xFunArcade may make, or to publicly announce or introduce the product(s) or service at any time in the future.
To the extent not prohibited by applicable law, in no event will xFunArcade be liable for personal injury, or any incidental, special, indirect, consequential or punitive damages whatsoever, including, without limitation, damages resulting from delay of delivery, for loss of profits, data, business or goodwill, for business interruption or any other commercial damages or losses, arising out of or related to this agreement or your use or inability to use the service, however caused, whether under a theory of contract, warranty, tort (including negligence), products liability, or otherwise, even if xFunArcade has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any remedy. In no event shall XFUN Arcade’s total liability to you under this agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten dollars ($10.00).
Third-party software provided by xFunArcade to you as a xFunArcade Developer may be accompanied by its own licensing terms, in which case such licensing terms will govern your use of that particular third-party software. Mention of third-parties and third party products in any materials, documentation, advertising, or promotions provided to you as an xFunArcade Developer is for informational purposes only and constitutes neither an endorsement nor a recommendation.
All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and xFunArcade shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
You understand that submitted game builds will be injected with anti-cheat and API call code from xFunArcade, which allow xFunArcade to track user sessions for any fraudulent play and communicate information back to xFunArcade servers. This may change the nature of intellectual property should you have any existing patents or trademarks on the builds.
This agreement is between you and BV UNIVERSAL LTD This Agreement will be governed by and construed in accordance with the laws of Georgia only. Both parties agree that any and all disputes arising from or under this agreement shall be subject to the exclusive jurisdiction of the courts of Georgia.
No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of xFunArcade, and no single waiver will constitute a continuing or subsequent waiver.
This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of xFunArcade. Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter. No addition to or removal or modification of any of the provisions of this Agreement will be binding upon xFunArcade unless made in writing and signed by an authorized representative of xFunArcade.
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