Developer Terms of Service
 

Conmeego Inc.

Email: info@conmeego.io

Last updated on: October 31, 2020

These Terms of Service (“Terms of Service”) govern the relationship between (i) you (“you”, “your”, or “Developer”) and (ii) Conmeego Inc., a Deleware corporation (“we”, “us”, “our”, or “Conmeego”) regarding your use of Conmeego’s services for the hosting of and access to games, game play, content, entertainment, and video and voice services (such services, as it may be later expanded or modified, are the “Service” or “Services”).

By accepting these Terms of Service or by using any Services, you are agreeing to be bound by these Terms of Service. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.conmeego.gg/developer-terms-of-service. The effective date of these Terms of Service shall be the date you accepted these terms and submitted your registration information through the Conmeego website. Conmeego reserves the right to update and change the Terms of Service by posting updates and changes to the Conmeego website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you and if you do not accept such amendments, you must cease using the Services.

As part of your acceptance of these Terms of Service, agree with and accept all of the terms and conditions contained Conmeego’s Acceptable Use Policy  (“AUP”),  Privacy Policy, and, if applicable, the Data Processing Addendum (“DPA”), all of which are incorporated herein by this reference.

 

 

1. Game Portal & Account

 

Developer has developed a game or games which can be run within a web browser. Conmeego is interested in either hosting this game (self-hosted) or in having an external party hosting said game in embedded form via an iframe on a game portal (“Game Portal”) such as the website “https://www.conmeego.io”, which is owned and/or administered by the Conmeego. Developer does hereby agree that Conmeego will offer the game or games to end-users within the context of a Game Portal. Developer shall receive an account (“Account”) within the Services to provide Materials and receive data regarding their game(s) activity within the Game Portal.

Subject to the conditions set forth in these Terms of Service, Developer hereby grants Conmeego a limited, worldwide, non-exclusive, revocable right to make the game(s) developed by Developer available for use and access using the game portal and to allow end-users to interact with the functionality of the game(s).

 

As part of your Account, Conmego shall incorporate your Materials (as defined below) into the Services using iframe, API or other method, as reasonably determined by the two parties. Within the Services, users will access, launch, and engage in active experiences that combine the Services and your Materials. As part of this implementation, you shall have the ability to include branding, promotion, references, and links to website location(s) where your Materials are hosted and available to users. 

You are responsible for all activity and content within your game(s) such as photos, images, videos, graphics, written content, audio files, code, configurations, trademarks, logos, gameplay, gaming items, emotes, artworks and other objects of intellectual property (either registered or unregistered), information, or data that is posted, uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (collectively, “Materials”).

If you are provided with login credentials for your Account, you are responsible for keeping your password secure. Conmeego cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

2. General Conditions

The Terms of Service shall be governed by and interpreted in accordance with the laws of the state of Delaware, without regard to principles of conflicts of laws.

You may not use the Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your jurisdiction, or the laws of the state of Delaware. You will comply with all applicable laws, rules and regulations in your use of the Services and your performance of obligations under the Terms of Service.

Conmeego reserves the right at any time, and from time to time, to modify the Services (or any part thereof) with or without notice. Conmeego shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction. We reserve the right to refuse the Service to anyone for any reason at any time. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our discretion that the Materials violate our AUP or these Terms of Service. Conmeego does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Services.

 

All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Conmeego shall be permitted to assign these Terms of Service without notice to you or consent from you. Except in connection with a Change of Control (as defined below), you shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Conmeego’s prior written consent, to be given or withheld in Conmeego’s sole discretion. “Change of Control” means (a) a sale to a third party of all or substantially all of the assets of a party; or (b) the transfer to a third party of fifty percent (50%) or more of the outstanding voting power of such party.

If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service. The provisions of these Terms of Service that by their nature and meaning must survive the termination or expiration of these Terms of Services, including without limitation the applicable provisions of Sections 2, 5, 6, 7, 8, 9, 10 and 11, will survive the termination or expiration of these Terms of Service.

3. Beta Services

From time to time, Conmeego may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all users of the Service (“Beta Services”). Beta Services will be subject to these Terms of Service. Beta Services may be subject to additional terms and conditions, which Conmeego will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and information relating thereto will be considered Conmeego Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Conmeego’s prior written consent. Conmeego makes no representations or warranties that the Beta Services will function. Conmeego may discontinue the Beta Services at any time in its sole discretion. Conmeego will have no liability for any harm or damage arising out of or in connection with a Beta Services. The Beta Services may not work in the same way as a final version. Conmeego may change or not release a final or commercial version of a Beta Service in our sole discretion.

Conmeego welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services (collectively, “Feedback") to Conmeego be subject to any expectation of compensation. By submitting Feedback to Conmeego, you waive any and all rights in the Feedback and you agree that Conmeego is free to implement and use the Feedback, if desired, as provided by you or as modified by Conmeego, without obtaining permission or license from you or from any third party and without compensation to you.

4. Cancellation and Termination

You may cancel your Account and terminate the Terms of Service at any time by contacting Conmeego Support. Upon termination of the Services by either party for any reason, Conmeego will cease providing you with the Services and your Account will be taken offline.

 

We reserve the right to terminate these Terms of Service, or to discontinue or suspend the Service or your Account, for any or no reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

5. Confidentiality

“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.

 

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

6. Intellectual Property

You retain all right, title and interest in any and all of your Materials you provide through the Services. We do not claim any intellectual property rights over the Materials you provide to the Services. By signing up for an Account or by using any Services, you agree: (a) to allow other users of the Service to view the Materials you post publicly to your Account; (b) to allow Conmeego to post publicly, display, modify, reformat and use your Materials as necessary in order to deliver the Services; (c) to allow Conmeego to use and display your name, trademarks and logos for the purpose of promoting the Service and identifying you as our partner; and (d) that Conmeego can, at any time, review and delete the Materials submitted to its Service, although Conmeego is not obligated to do so. You can remove your Materials and your Account at any time by terminating your Account. You understand that your Materials, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Any and all Materials represented on the Services, belong to their respective owners and there are no implied licenses to use them, unless otherwise stipulated in these Terms of Service or by the respective owners. The Materials may not be copied, reproduced, duplicated, reverse engineered, decompiled, disassembled, exploited or imitated in whole or in part, without the permission of the applicable owner. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Conmeego. Thus, Conmeego accepts no responsibility or liability whatsoever with regard to use or illicit use of these Materials. Furthermore, you agree to indemnify, defend and hold Conmeego and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your unauthorized or illicit use of these Materials.

Conmeego retains all right, title and interest in any and all of the Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Conmeego. You also shall not (i) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the underlying technology of the Service, or otherwise access the Service in order to (a) build a competitive product or service, (b) build a product or services using similar ideas, features, functions or graphics of the Service or underlying technology, or (c) copy any ideas, features, functions or graphics of the Service or underlying technology; (ii) interfere with or disrupt the integrity or performance of the Service; (iv) use the Service to store or transmit malicious code; (iv) attempt to gain unauthorized access to the Service or its related systems or networks; (v) access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or (vi) otherwise use the Service in any manner not authorized by these Terms of Service. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Conmeego trademark or other Conmeego trademarks and/or variations and misspellings thereof.

​You retain responsibility over all Materials that you upload to the Instance; however, by making your Account public, you agree to allow others to view Materials that you post publicly withing the Services. You are responsible for compliance of the Materials with any applicable laws or regulations. You represent and warrant to us that you have all rights necessary regarding your Materials for the purpose contemplated by our Service and that such use will not infringe the rights of any third party.

7. Limitation of Liability; Disclaimers

EACH PARTY EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, NEITTHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF OR INABILITY TO USE THE SERVICE OR MATERIALS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL EITHER PARTY’S MAXIMUM CUMULATIVE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE REVENUE, IF ANY, COLLECTED IN CONNECTION WITH YOUR ACCOUNT.

 

THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, VALIDITY OF PATENTS, OR TITLE, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, OR BY OPERATION OF LAW, OR FROM ADVERTISING, BROCHURES, PROMOTIONAL ITEMS, PROPOSALS, DOCUMENTATION, PACKAGING, OR OTHER DESCRIPTIVE LITERATURE OR COMMUNICATIONS.  WITHOUT LIMITING THE PRECEDING SENTENCE, NEITHER PARTY WARRANTS THAT: (i) THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;(ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY THROUGH THE SERVICES OR MATERIALS WILL MEET EXPECTATIONS, OR (iv) ANY ERRORS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

 

8.  Indemnification

Each party agrees to indemnify and hold the other party and (as applicable) their respective parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of a breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or the violation of any law or the rights of a third party.

9. Waiver and Complete Agreement

The failure of either party to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Conmeego and govern your use of the Services and your Account, superseding any prior agreements between you and Conmeego (including, but not limited to, any prior versions of the Terms of Service).

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10. DMCA Notice and Takedown Procedure

Conmeego supports the protection of intellectual property and asks partners and users to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our partners is infringing their intellectual property rights, including, but not limited to, copyright, trademark, and patent claims, they can send a DMCA Notice to Conmeego’s designated agent using info@conmeego.io. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the partner can reply with a counter notification if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the partner from engaging in the infringing activity, otherwise we restore the material. 

Claims concerning copyright infringement must include the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

11. Privacy & Data Protection

Conmeego is firmly committed to protecting the privacy of your personal information and the personal information of users. By using the Service, you acknowledge and agree that Conmeego’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Conmeego’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

Questions about the Terms of Service should be sent to info@conmeego.io.

Conmeego, Inc.

Email: info@conmeego.io