Terms of Service
(Please see FAQ for common questions)
This Terms of Service Agreement (“Agreement”) is a legal document that outlines and explains your rights and obligations as a user or publisher from Gotm.
Table of contents
- 1. Service
- 2. Users and Publishers
- 3. Acceptable Use
- 4. Publisher Content
- 5. User Generated Content
- 6. Purchase Agreement
- 7. Publisher Services
- 10. Warranty Disclaimer
- 11. Limitation of Liability
- 12. Term and Termination.
- 13. Governing Law/Jurisdiction
- 14. Class Action Waiver
- 15. Indemnity
- 16. Assignment
- 17. Miscellaneous
- 18. Force Majeure
Gotm ("Service") is a website and digital software and media distribution platform owned and operated by Macaroni Studios AB ("Company"). By registering an account and using the Service, you agree to be bound by the terms of this Agreement.
2. Users and Publishers
- Users. If you register an account to purchase, download, or play games or other content from Gotm, you agree to be bound to the terms of this Agreement as a platform user (“User”). Users affirm that they are over the age of 13, as the Service is not intended for children under 13.
- Publishers. If you register an account to sell, distribute, or publish games or other content on Gotm, you agree to be bound to the terms of this Agreement as a platform publisher (“Publisher”). Publishers affirm that they are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
3. Acceptable Use
Gotm aims to create a safe environment for users of the site and service. This requires a community that is built on goodwill and responsible behavior by its members. The posting of content or other actions that, in the Company's sole discretion, degrades the experience of others may result in account termination without prior notice. Prohibited actions include but are not limited to:
- Including ads in the games.
- Uploading viruses or malicious code or acting in any manner to restrict or inhibit any other user from using and enjoying the Service;
- Uploading content that in any way displays advertisement or makes use of in-content payments.
- Uploading content that is of a sexual, mature, gory or extremely violent nature: see 4. Publisher Content for exceptions.
- Spamming or sending repeated messages, junk email, contests, surveys or any unsolicited messages;
- Posting unlawful, misleading, malicious, or discriminatory content;
- Bullying, intimidating, harassing, defaming, threatening others, or violating the legal rights (such as rights of privacy and publicity) of others;
- Posting content that promotes or participates in racial intolerance, sexism, hate crimes, hate speech, or intolerance to any group of individuals;
- Soliciting, harvesting or collecting information about others;
- Violating copyright, trademark or other intellectual property or other legal rights of others by posting content without permission to distribute such content;
- Hacking, maliciously manipulating, or misrepresenting Gotm's interface in any way;
- Creating a false identity for the purpose or effect of misleading others; or
- Violating any applicable laws or regulations.
4. Publisher Content
Publishers are solely responsible for the content they upload and distribute on Gotm. Publishers affirm, represent, and warrant that they own or have the rights, licenses, permissions and consents necessary to publish, duplicate, and distribute the submitted content. By submitting content to the Service for distribution, Publishers also grant a license to the Company for all patent, trademark, trade secret, copyright or other proprietary rights in and to the Content for publication on the Service, pursuant to this Agreement. The Company does not endorse copyright infringing activities or other intellectual property infringing activities and violations of may result in the removal of content if the Company is notified of such violations. Removal and termination of accounts may occur without prior notice.
Publishers retain all ownership rights to the submitted content, and by submitting content to the Service, Publishers hereby grant the following:
- To the Company, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service, including without limitation for promoting, redistributing in any and all media formats. If you choose to remove your content from the Service, this license shall terminate immediately. However, Company retains the right to keep displaying already published marketing material derived from the content.
- To Users, a non-exclusive, perpetual license to access the content and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service.
A game that is of a sexual, mature, gory or extremely violent nature may be uploaded to Gotm only as non-public. Games that might be of such nature must be sent to [email protected] for approval before being set to public. Failure to comply can lead to removal of game and studio.
Publishers who distribute paid content on the Service may be subject to the acceptable use policies of the Company's payment providers, Stripe. You can review the acceptable use policies for our payment providers:
5. User Generated Content
Gotm provides interfaces and tools for Users to generate content and make it available to other users, including ratings, reviews, profile images, banners, and others (“User Generated Content” or “UGC”). By uploading or creating such UGC, you grant to Company the worldwide, non-exclusive, perpetual, royalty free license to use, reproduce, create derivative works, display, perform and distribute for the UGC.
Content that is of a sexual, mature, gory or extremely violent nature may not be uploaded to Gotm unless as a non-public game (see 4. Publisher Content).
6. Purchase Agreement
6.1. Company Information
gotm.io is provided by Macaroni Studios AB with Swedish organization number 559212-6170 at the address Campus Gräsvik 4, 371 75 Karlskrona.
Prices are presented in the selected currency including VAT.
Payments are carried out with credit card. The payment method is provided by Stripe.
When you provide payment information to the Company or one of its payment providers, you represent that you are the authorized user of the card, PIN, key, account or account associated with that payment, and you authorize the Company to charge your credit card or process your payment with the chosen payment provider.
Use of IP proxies or other methods to disguise your place of residence, whether to circumvent geographic restrictions on content, to purchase at a price not applicable to your geography, or for any other purpose, is a violation of this Agreement.
6.4. Card Payment
Card payment is accepted for Visa, Mastercard and Maestro. The payment amount is debited from your card immediately at purchase.
Automatic recurring card payments can be cancelled at any time on your payments page while logged in.
6.5. Shipping and Shipping Methods
All products and services are digital and delivered electronically. There are no shipping fees on any product or service.
Orders are normally processed and delivered within seconds after payment.
You have the right to issue a refund for a purchase within 21 days after the payment if the purchased product is not considered to be consumed. Refunds are processed automatically and are normally repaid within a week after the refund was issued. To issue a refund for a payment you have made, go to your payments page while logged in.
A purchased product is considered to be consumed if any of the following is true:
- 21 days has passed since the payment of the product was made.
- The product is a ticket to a jam run that has ended.
- The product is prepaid credit that has been spent.
6.8. Contact, Complaints and Support
To contact us, see our contact page.
7. Publisher Services
Publishers may sell services to Company by distributing content on the Service. Company may compensate Publishers for these services in the amount (e.g. depending on applicable revenue shares, fees and currency exchange rates), currency and point in time (see payouts below) of Company's choosing. Company reserves the right to withhold or void compensation or payout if the Publisher is suspected to be involved in any activity that may breach this Agreement, including illegal activities.
Publisher may be eligible to claim compensation based on some by Company chosen payments to Company by requesting a payout. If Publisher does not request a payout within 2 years after the payment of which the compensation is based, Company may void the compensation.
Publisher may request a payout if the compensation amounts to at least 1 euro (EUR 1) and if the Publisher has provided valid payout information (see payout information below). Bank deposits in connection to the payout are normally initiated near the 15th day of the month.
When you provide payout information to the Company, (a) you certify that that the information is correct and that you are the authorized user of the company information and bank account associated with that payout, and (b) you authorize the Company to credit the recipient's bank account, and (c) you certify that the recipient of the payout is a taxable person that is purposely selling services to Company for economic gain, and (d) you acknowledge that the payout is a payment for the recipient's services to Company, and (e) you certify that the recipient of the payout is not involved in money laundering, terrorism, or any other illegal activity.
10. Warranty Disclaimer
YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR OWN RISK. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USE THEREOF TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE SITE'S CONTENT, OR THE CONTENT OF ANY PUBLISHER LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, © ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF ACCESS TO OUR SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY OR ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR YOUR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, YOUR ACCOUNT, OR YOUR PURCHASED/SUBMITTED CONTENT, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH Gotm, THE SERVICES, OR THE CONTENT, EVEN IN THE EVENT OF THE COMPANY'S OR ITS AFFILIATES' FAULT, TORT (EXCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF COMPANY'S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF THE COMPANY AND ITS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
12. Term and Termination.
- Term. The term of this Agreement commences on the date you use the site and will continue in effect unless otherwise terminated in accordance with this Agreement.
- Termination by Users. Users may terminate their account at any time. You may cease to use your account, or if you so choose, may request that the Company terminate your access to your account. User accounts may not be transferred, sold, or assigned to a third party, and such actions may result in account termination. User account termination does not entitle the user to a refund.
- Termination by Publishers. Publishers may terminate their account at any time. Publishers may request the removal of content and final payment of outstanding Transaction balances, and the Company will comply within a commercially reasonable time. The Company may retain a percentage of the outstanding Transaction balance at Company's sole discretion in case of refunds, fees, or other payment issues.
- Survival. Sections 4, 5, 7, 10, 11, 13, 14, 15, 17, and 18 will survive any expiration or termination of this Agreement.
13. Governing Law/Jurisdiction
The internal laws of Sweden shall govern this Agreement without giving effect to the choice of law rules thereof. Each party irrevocably and unconditionally submits to non-exclusive jurisdiction of the state and courts in Sweden, and the appropriate courts of appeal from such courts for any other matter concerning this Agreement. You agree that the Service shall be deemed solely based in Sweden, is a passive website, and does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Sweden.
14. Class Action Waiver
YOU AND COMPANY AGREE NOT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF ARBITRATION PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. You and Company also agree not to seek to combine any action with any other action without the consent of all parties to this Agreement and all other actions.
If the agreement in this Section not to bring or participate in a class, collective or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and Company agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in a class or collective action.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company and its Affiliates, from and against all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including but not limited to attorneys' fees) arising from: (a) your use and access of the service; (b) your violation of any term of this Agreement; © your violation of any third party right, including without limitation any copyright, trademark, property or privacy right; (d) any claim that your submitted content caused damage to a third party.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
18. Force Majeure
Neither Service or Company will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.