This legal agreement between you and Betverse N.V. ("SkillGaming") governs your participation as a game developer who submits games to SkillGaming. 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 SkillGaming Developer (“SkillGaming Developer”). However, no legal partnership or agency relationship is created between you and SkillGaming. 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 SkillGaming Developer. The SkillGaming ID and password you use to log into your SkillGaming Developer account cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of your SkillGaming 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 SkillGaming Developer is not granted in such jurisdictions.
As a SkillGaming 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:
1vsCPU Challenge: 33% from affiliate traffic, 40% from organic traffic
Player vs Player duel: 33% from all traffic
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Revenue share entitlements can be viewed in your Developer Back Office and can be withdrawn after you have completed KYC.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 SkillGaming 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 SkillGaming Developer. If you have breached any term in this agreement and this breach has brought brand or legal harm to SkillGaming, SkillGaming 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 SkillGaming, or its users.
You agree not to exploit any content provided to you by SkillGaming as a SkillGaming 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 SkillGaming.
Furthermore, you may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components on the SkillGaming site or content you may have received from SkillGaming. 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.
SkillGaming retains ownership of all content on SkillGaming. This includes partial or complete builds that may be submitted for approval to SkillGaming, by you. No other rights or licenses are granted or to be implied under any SkillGaming intellectual property. When you submit your game to SkillGaming, you expressly understand that you are handing the intellectual property behind the game over to SkillGaming 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 SkillGaming pre-release materials and content, along with communications with the SkillGaming Submission Team during your game-review period, provided to you as a SkillGaming Developer and any information disclosed by SkillGaming to you in connection with SkillGaming, 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 SkillGaming; (c) information that is independently developed by you without the use of any SkillGaming 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 SkillGaming 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 SkillGaming, you agree not to disclose, publish, or disseminate any confidential information to anyone other than to other SkillGaming developers who are employees and contractors working for the same entity as you and then only to the extent that SkillGaming does not otherwise prohibit such disclosure. Except for your authorized purposes as a SkillGaming Developer or as otherwise expressly agreed or permitted by SkillGaming 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 SkillGaming 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 SkillGaming 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 SkillGaming 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 SkillGaming on any public online social media channel, if said information paints the SkillGaming brand in a negative light. Defamation to the SkillGaming brand can carry significant legal consequences.
Communication. SkillGaming 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 SkillGaming will indicate your acceptance of any changes.
In addition, SkillGaming 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 SkillGaming Developer. By agreeing to this agreement, you consent that SkillGaming may provide you with such communications.
SkillGaming may terminate or suspend you as a registered SkillGaming Developer at any time, at its sole discretion. If SkillGaming terminates you as a registered SkillGaming Developer, SkillGaming reserves the right to deny your reapplication at any time in SkillGaming’s sole discretion and any outstanding payments to you. You may terminate your participation as a registered SkillGaming Developer at any time, for any reason, by notifying SkillGaming in writing of your intent to do so. Upon any termination or, at SkillGaming’s discretion, suspension, all rights and licenses granted to you by SkillGaming will cease, including your right to access SkillGaming, 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 SkillGaming, 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 SkillGaming after demonstrating that you have a gaming or gambling license, then your game submitted to us may continue to remain on SkillGaming despite termination of this agreement.
Nothing in this agreement will impair SkillGaming’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, SkillGaming will be free to use any information, suggestions or recommendations you provide to SkillGaming pursuant to this agreement for any purpose, subject to any applicable trademarks, patents or copyrights.
While you may use the mark “SkillGaming” or the SkillGaming Logo, or any other marks belonging or licensed to SkillGaming, you agree that all goodwill arising out of your authorized use of SkillGaming’s marks shall inure to the benefit of and belong to SkillGaming. You also may not distort or contort the SkillGaming logo or any other marks belonging or licensed to SkillGaming in a way that brings brand harm to SkillGaming.
SkillGaming and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors (collectively, “SkillGaming”) 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 SkillGaming developer will be accurate, reliable, timely, secure, without errors and/or will be corrected. SkillGaming’s website and liquidity services are provided on an “as-is” and “as-available” basis and the service is subject to change without notice.
SkillGaming 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, SkillGaming does not guarantee any results or identification or correction of problems as part of the service and SkillGaming disclaims any liability related thereto. SkillGaming disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. SkillGaming 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 SkillGaming 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 SkillGaming makes any pre-release software, hardware or other products, services or information related thereto available to you as an SkillGaming developer, you understand that SkillGaming is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or services changes that SkillGaming 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 SkillGaming 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 SkillGaming has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any remedy. In no event shall SkillGaming’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 SkillGaming to you as a SkillGaming 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 SkillGaming 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 SkillGaming 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 SkillGaming, which allow SkillGaming to track user sessions for any fraudulent play and communicate information back to SkillGaming 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 Betverse N.V. This Agreement will be governed by and construed in accordance with the laws of Curacao 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 Curacao.
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 SkillGaming, 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 SkillGaming. 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 SkillGaming unless made in writing and signed by an authorized representative of SkillGaming.
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