Terms and Conditions

1. Terms

• 1. The Platform. Unless otherwise stated, the Platform refers to the services Funovus and its affiliated organizations provide to develop, publish, and monetize games.

  2. The Software. Unless otherwise stated, the Software refers to the Player and Editor software one can use to build games on the Platform.

2. Ownership

You retain any Intellectual Property Right you already hold under applicable law in content you create, upload, publish, and submit to the Platform, subject to the rights, licenses, and other terms of this Agreement.

You grant us an unrestricted, perpetual, irrevocable, transferable, worldwide, royalty-free, non-exclusive, sub-licensable right and license to use, exploit and make available any of your creation made with our Editor or Platform. Additionally, to use such content for or in connection with the promotion, advertising or publicity of the Editor and the Platform.

3. Use of Third Party Content

You represent and warrant that neither the content you use to create and upload to our Platform, nor the compilation, arrangement or display of such content (collectively, the “User Content”), infringes or will infringe any copyright, trademark, patent, trade secret or other intellectual property right of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.

4. Early Access

Your participation in Early Access program will be governed by the following:

• 1. Eligibility. In order to participate in Early Access, you must meet the following requirements:

     1. Funovus must designate you to participate in Early Access program (Early Access User).

     2. You agree to allow the Funovus to obtain hardware and software information from the computer system that you will use to take part in the Early Access Program.

  2. Confidentiality. The existence of the Early Access and all elements thereof is to be kept confidential, and you agree to keep everything related to the Early Access secret from everyone who is not participating in the program until Funovus informs you that the Early Access is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during Early Access:

     1. Information about the Early Access, such as your role as a Early Access User, the number of Early Access Users, how you became an Early Access User, etc.

     2. Information related to the Early Access software, such as Editor feature, gameplay, visual, design, communication, monetization systems, etc.

  3. Acknowledgments. You acknowledge that:

     1. The Software being Early Accessed is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;

     2. You have, or will, back-up your hard drive prior to installation of the Early Access software;

     3. Funovus is not liable in any way for the loss of data or damage to the Early Access Software, interruptions of service, software or hardware failures, or loss of data or disruption of service;

     4. Funovus may monitor and record any and all communications, electronic or otherwise, pertaining to the Early Access including, without limitation, packets, in-game chat, forum postings, etc.;

     5. Funovus may delete or modify the information stored by the Early Access Software for any reason at any time during the duration of Early Access;

     6. You may not sell, transfer or commercially exploit access to Early Access Software, including the distribution of Early Access keys without Funovus' express authorization.

  4. Termination. Funovus can terminate an Early Access at any time. When such event occurs, you must delete the pre-release version of the Software that was the subject of the Early Access and all documents and materials you received from Funovus in connection with the Early Access, and you may be asked by Funovus to remove any elements of the Early Access from any hard drives on which the pre-release version of the Software that was the subject of the Early Access has been installed. You agree and acknowledge that the termination of the Early Access shall not be grounds for any refunds of any kind.