Last Updated: June 21, 2017
1. Information used and/or provided by you
You represent and warrant that any and all information you provide to IO Games is full, complete and accurate. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer and other device(s). You agree not to misrepresent your identity, impersonate any other person, or misappropriate any other person’s likeness or information while using the Service. By using any part of the Service, you agree to accept responsibility and liability for all conduct, acts, or omissions that occur under or through your account or password. You agree to notify us immediately of any unauthorized access to or use of your account or password, or any other breach of security of which you become aware. You shall provide and maintain, and keep us apprised of any changes to, accurate contact information, including first name, last name, email address, and any other required information upon signing up for an account. We reserve the right, but shall have no obligation, to take any and all action that we, in our sole discretion, deem appropriate to protect IO Games, the integrity and/or stability of the Service, our users, or any third party, or for any other reason, which action may include, but shall not be limited to, suspending or terminating any account at any time, with or without notice to you or any third party, and to take any other action to prevent or address fraud or potential fraud.
2. User Permissions and Limitations
You must be (a) 18 years of age or older, or (b) have parental consent and supervision, to utilize the Service. By using to the Service, you represent that you either are 18 years of age or older, or have received consent from your parent or legal guardian to use the Service and that you will use the Service only subject to parental/guardian supervision. If you are under 18, you must review these Terms with your parent or legal guardian, who must agree and consent to these Terms for you to proceed. The Service is not intended for use by children under the age of 13.
The games, videos and other content published on the Service (collectively, the “Content”) are the intellectual property of the owner(s)/licensor of such Content (for purposes of these Terms, the “Developer”) and such Content is made available to you via the Service for your personal and non-commercial use only. You shall not acquire any other right to any Content unless you obtain such permission(s) directly from the Developer of the Content at issue. All rights not explicitly granted herein are reserved by IO Games and/or its Developers.
IO Games is the author and owner of all rights in and to the App. To use the App you must have a compatible computer or device. IO Games does not warrant that the App will be compatible with your computer or device. Subject to these Terms, IO Games hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sub licensable license to use the App on a compatible computer or device owned or controlled by you, for your personal, non-commercial use.
In addition to these Terms, you understand that your use of any Content on the Service may be subject to a separate license agreement between you and the applicable Developer for such Content. Unless otherwise agreed to by you and the Developer, you are licensed only to use the Content for your own personal, non-commercial use in compliance with these Terms, and you understand that such license or permission may be terminated at any time, by IO Games or any Developer, for any reason or no reason, with or without advance notice to you.
Except as expressly provided herein, you may not: (1) modify or reverse engineer any Content or any other part of the Service, except to the extent that such conduct is expressly permitted by law; (2) distribute, sell, rent, loan, publicly display, sublicense, or otherwise transfer the Service, any portion thereof or any Content thereon, to any third party, or use the Service for any purpose not expressly authorized by these Terms; (3) reproduce the Service, any portion thereof, or any Content thereon; (4) remove, circumvent, disable, or interfere with copyright protection, limitations, or security features of the Service; or (v) alter or remove any copyright and other such notices on the Service, any portion thereof, or any Content thereon.
You understand and agree that IO Games may from time to time issue updates to the App or Service. You hereby consent to automatic updating on your device or computer, and agree that these Terms will apply to all such updates.
Nothing in these Terms, or in any act or omission related to your use of the Service, shall be deemed a sale of any Content, the App, or the Service itself, or of any copy thereof. IO Games or its third party Developers retain all right, title, and interest in the Service or Content, respectively. Any attempt by you to acquire or transfer any rights or interest in the Service or Content violates these Terms and is void.
3. Intellectual Property related to IO Games, Service and Content
All content and material on the Website and in the App, including but not limited to text, photos, marks, graphics, sounds, displays, user interfaces, software, artwork, and logos, including but not limited to the code, design, structure, selection, expression, look and feel and arrangement thereof, is the property (the “Intellectual Property” or “IP”) of IO Games and/or its Developers, and is protected by copyright, patent and/or trademark laws, and other intellectual property rights and unfair competition laws, under United States, international and/or local law. No IP may be reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, accessed or otherwise used without the express written permission of IO Games.
IO GAMES™ and SPACEPLAY™ are the trademarks of IO Games LLC and may not be used in connection with any product or service without the express written permission of IO Games LLC. All other trademarks not owned by IO Games that appear on the Service or on Content are the property of their respective owners, who may or may not be affiliated with, related to, or sponsored by IO Games.
4. Developers / Contributors of Content
Game Developers are welcome and invited to submit Content to IO Games. To do so, Game Developers must first create an account on the Website at http://iogames.space/developers/sign_up and log in to the "Developer Dashboard." Developers must provide the information requested in the form available in the Dashboard, which may change from time to time, but typically requires information such as: the game's title, URL, description of the game, category, and a thumbnail image for the game. Games submitted via the Developer Dashboard may be approved or rejected, maintained or removed, by IO Games at IO Games’ sole discretion. Games are made available to the end user via an iframe window, but some content (e.g., the thumbnail image) will be stored on servers owned, controlled, rented, leased, or utilized by IO Games. IO Games currently uses Amazon S3 servers, but reserves the right to change that at any time. Although IO Games will always endeavor to utilize industry standard or better technology with respect to its servers, network and technology, IO Games makes no independent representations regarding server or network quality, downtime, network or Website availability, or any other representations related to the Service. Game Developers have the ability to publish their games free of charge via the Service, and each Developer understands and agrees that the Service is provided on an AS-IS basis.
If approved, the submitted game will appear on the Website for end users to see/play through an iframe window. Although this is a free service, IO Games requests that Developers include an optional button that may change from time to time but currently states "More io Games" and links back to the Website at http://iogames.space (or such other URL as IO Games may from time to time establish), (the “Button”). Although optional, if a Developer does agree to provide the Button, IO Games requires that the Developer agree to the following: (1) Developer agrees to keep the status of the Button related field(s) of the game post form up-to-date. (2) Developer agrees to keep the Button active, and clearly visible on the homepage of their game for at least the next six (6) months, following the approval of their game application. (3) Developer will not promote or link to any competitors of IO Games within their game while the Button is active on their game, unless otherwise granted permission in writing by IO Games.
Regardless of whether or not Developers decide to include the Button on their game(s), by submitting a game to the Service, you agree to not promote or link to any competitors of IO Games within your game for at least the initial six (6) month period after submitting your game to the Service, unless otherwise granted permission in writing by IO Games. If a Developer is confused about whether or not a third party website or service is considered to be a competitor of IO Games, Developer should contact IO Games and request approval to link to or promote such website or service on their game. IO Games will decide whether or not a website or service is considered a “competitor” at their sole discretion.
In addition to the basic, free service for Developers, IO Games also provides a paid service. Specifically, IO Games makes available for purchase to Developers certain virtual assets called "tokens." These tokens can be spent in the Developer Dashboard by Developers for a game "featuring service." The Dashboard will provide the current offer details at any given time, such as the number of tokens necessary to purchase certain amounts of "featured" time on the Website. The featuring service may include benefits such as being featured at the top of the main list, with a special featured ribbon on the game, and appearing more frequently on the inner play pages as a recommended game. Refer to the Developer Dashboard for current promotions and details. IO Games accepts payment for the featuring service via PayPal. After payment is made, the purchased tokens will be placed into the Developer’s account. Developers are encouraged to investigate the featuring service thoroughly prior to purchase. No specific benefits are guaranteed by IO Games and, absent intentional misconduct or willful neglect on the part of IO Games, the featuring service is also provided on an AS-IS basis, with no specific representations or warranties.
Video Developers (“Youtubers”) are also welcome and invited to submit video Content to IO Games. To do so, Youtubers must first create an account on the Website at http://iogames.space/youtubers/sign_up. Youtubers requesting to publish content via the Service will be asked to complete a form requesting certain information about the Youtuber and the video. Videos may be approved or rejected, maintained or removed, by IO Games at IO Games’ sole discretion. Videos are made available to the end user via an iframe window. Youtubers have the ability to publish their videos free of charge via the Service, and each Youtuber, like all Developers, understands and agrees that the Service is provided on an AS-IS basis. By submitting a video to IO Games, each Youtuber agrees to: (1) include a link to http://iogames.space in the description of the video; (2) keep the link active for at least six (6) months following IO Games’ approval of the submission; and (3) not promote any competitors of IO Games in the submitted video or description.
By submitting a game, video or any other Content to IO Games, each Developer agrees that IO Games may use such Content in numerous ways, including publicly displaying it, reformatting it, promoting it, distributing it, and allowing users to play, watch, or otherwise use it. By using the Service and/or submitting or contributing Content, each Developer hereby grants IO Games world-wide, revocable, non-exclusive, royalty-free, sub-licensable, rights to use such Content for any purpose consistent with these Terms. Additionally, the Developer grants the users of the Service the right to access, play, watch, and use such Content in connection with their use of the Service. Furthermore, by contributing Content, each Developer irrevocably waives, and causes to be waived, against IO Games and its users any claims and assertions of moral rights or attribution with respect to such Content.
By contributing Content, each Developer represents and warrants that the Developer has all rights to grant such license(s) to IO Games without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Each Developer understands that all information posted publicly or privately transmitted through the Service is the sole responsibility of the person from which such Content originated; that IO Games will not be liable for any errors or omissions in any Content; and that the Company cannot guarantee the identity or reliability of any other users with whom Developers or others may interact in the course of using the Service.
Many aspects of the Service are provided to users free of charge, and the Service provides access to Developers to contribute games, videos, and other Content free of charge. In order to provide aspects of the Service free of charge, IO Games accepts and displays advertising by third parties. As such, the Website or the App may contain ads and links to websites/other locations operated by third parties. IO Games does not monitor or control the linked sites/linked content and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, appropriateness, safety, or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites or which are otherwise accessible via advertising or third party hyperlinking. If you choose to access any third party site or content, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply IO Games’ endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
6. Electronic Communications
By using any portion of the Service, you agree to receive notices and electronic communications from IO Games. These communications may include information about your account, such as confirmation e-mails, or information related to the Service, and features. You hereby consent to electronic communication between you and IO Games, and you agree that any notice, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
7. Content and Service are AS IS
IO Games may offer, or allow others to offer, instructions, descriptions, synopses, reviews, manuals, user comments and other information pertaining to the Content we display or distribute. Under no circumstances shall IO Games or its subsidiaries or affiliates, or their respective shareholders, directors, officers, agents or employees (individually and collectively, the “IO Games Parties”) be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate and make your own independent judgment about the information, opinion, advice and other content available through the Service.
IO GAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE OR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IO GAMES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8. Your Conduct on the ServiceBy using any portion of the Service, you agree (1) not to upload, distribute, post, share, email, or otherwise send or transmit any material that is harmful to IO Games or any third party, including, but not limited to, software viruses or any other computer code, files, or programs designed to hack, interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, service, network, or content associated with any portion of the Service; (2) not to interfere in any way with, or access without authorization, any computer, device, servers or networks related or connected to any portion of the Service; (3) not to violate any of the procedures, policies, or regulations of any third parties, including networks utilized in relation to the Service, the terms of which are incorporated herein; and (4) not to conduct yourself in a threatening or abusive manner or impersonate or misappropriate any other person’s name or likeness while using any portion of the Service, or use any portion of the Service for any unlawful or unauthorized purpose.
9. User-Submitted Content
IO Games may allow Website or App users to contribute or display their own content, including reviews, posts, comments, suggestions, ideas, questions, answers, or other user content (collectively “User Content”) in connection with the Service. IO Games will not edit or direct any User Content and you will retain ownership of your User Content. You agree not to post User Content that: (1) may cause or create a risk of harm, loss, physical or emotional injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (2) may create a risk of any other loss or damage to IO Games or any other person or property; (3) seeks to harm or exploit children by exposing them to inappropriate content, or by asking for private or personally identifiable information or otherwise; (4) may constitute or contribute to a crime or tort; (5) contains any information or content that we, in our sole discretion, may deem to be, harmful, abusive, unlawful, offensive to any person or class of persons, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (6) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets or confidential information); (7) contains any information or content that you do not have a right to possess, reproduce or distribute or otherwise make available under any law or under contractual or fiduciary or other relationships; or (8) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy.
IO Games reserves the right, but is not required, to reject, and/or remove any User Content, or take any other appropriate action, for any reason, or for no reason, at any time. On an unrestricted basis, IO Games is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may post, upload, submit, send or otherwise provide to us or to or on the Service (without acknowledgement or compensation) for any purpose.
If you contribute User Content, you grant IO Games and its affiliates and sublicenses a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You further grant IO Games and its affiliates and sub-licensees, within their discretion, the right to use the name that you submit in connection with such User Content. You understand and agree that your posts or submissions may be featured by IO Games and you hereby grant IO Games permission to do so without further consideration or compensation to you. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post and that you will indemnify and hold harmless the IO Games Parties for all claims arising from the User Content you supply. IO Games takes no responsibility and assumes no liability for any content posted by you or any third party.
IO Games may provide the ability to share certain User Content or information in social media. In such an event, IO Games shall be deemed to grant you the limited right to “post” (i.e. disclose) certain User Content and/or information from the Service to third-party social networking services, with the express understanding and agreement that any User Content and/or information so posted or disclosed by you will be subject to the policies and restrictions of the applicable social networking service, and not those of IO Games.
10. Choice of Law/Forum/Attorney’s Fees
You understand that these Terms constitute a contract between you and IO Games. These Terms shall be construed in accordance with the laws of the State of Connecticut, without reference to its choice of law provisions. You stipulate and agree that Connecticut is a convenient forum to address any issues arising out of or related to these Terms, and further agree not to challenge or take any position contrary to same. You agree that any and all disputes arising hereunder, including, but not limited to, a claimed breach of these Terms, shall be litigated exclusively in the state or federal courts of the State of Connecticut, as applicable, without reference to conflict laws of the State of Connecticut. In the event of a dispute between you and IO Games, the prevailing party shall be entitled to recover all fees and costs incurred as a result of pursuing such a claim or enforcing these Terms, including, but not limited to, a reasonable attorney’s fee.
You agree to defend, indemnify and hold harmless the IO Games Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to: (1) your use of and access to the Service and any third party Content provided in connection therewith, including any data or content transmitted or received by you; (2) your violation of these Terms, including without limitation your breach of any of the representations and warranties contained herein; (3) your violation of any third-party right(s), including without limitation any right of privacy or intellectual property rights; (4) your violation of any applicable law, rule or regulation; (5) any claim or damages that arise as a result of any of your User Content or any content that is submitted via your account; or (6) any other party’s access and use of any portion of the Service with your unique username, password or other appropriate security code. You agree that the provisions contained in this section will survive any termination or expiration of your account, your relationship with IO Games or these Terms, and shall further survive discontinuation of all or any portion of the Service.
12. Authorization to Disclose / Violation of Terms
IO Games may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) IO Game’s rights or property, or the rights or property of third parties, including other users. IO Games reserves the right at all times to disclose any information that IO Games deems necessary to comply with any applicable law, regulation, legal process or governmental request. IO Games may also disclose your information when IO Games determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that IO Games may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated these Terms or other agreements associated with your use of the Service. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to IO Games, for which monetary damages would be inadequate, and you consent to IO Games obtaining any injunctive or equitable relief that IO Games may pursue as a result of an alleged breach of these Terms. These remedies are in addition to any other remedies IO Games may have at law or in equity.
13. No Warranty; Disclaimers
THE SERVICE AND THE CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.IO GAMES MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THE SERVICE AND ANY CONTENT PROVIDED IN CONNECTION THEREWITH. IO GAMES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SERVICE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICE, OR FOR ANY CONDUCT BY USERS OF THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IO GAMES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE SERVICE AND THE CONTENT WE DELIVER, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST IO GAMES FOR DISSATISFACTION WITH THE SERVICE OR SERVICES IS TO STOP USING THE SERVICE.
You understand and agree that at any time and without any notice to you, IO Games, within its sole discretion, maintains the right to do any of the following: (1) to modify, suspend or terminate operation of or access to the Service, or any part thereof; (2) to modify or change the Service, or any part thereof, as well as any policies or terms; and (3) to interrupt the operation of the Service, or any part thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
14. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL THE IO GAMES PARTIES, OR ANY OF THEM, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND AND HOWEVER CAUSED, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ANY OR ALL OF THE SERVICE OR ANY THIRD PARTY CONTENT PROVIDED IN CONNECTION THEREWITH, OR THE USE OR PERFORMANCE OF ANY PRODUCTS (INCLUDING, BUT NOT LIMITED TO, GAMES AND VIDEOS) OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL THE IO GAMES PARTIES, OR ANY OF THEM, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR COMPUTER, MOBILE DEVICE, GAME CONSOLE, OR OTHER HARDWARE OR EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY CONTENT. IF ANY COURT OR APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree that the provisions contained in this section will survive any termination or expiration of your account, your relationship with IO Games or these Terms, and shall further survive discontinuation of all or any portion of the Service.