This legal agreement between you and Betverse N.V. ("SkillGaming") governs your participation as a game developer who submits games to KomNPlay. 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 KomNPlay Developer (“SkillGaming Developer”). However, no legal partnership or agency relationship is created between you and KomNPlay. 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 KomNPlay Developer. The KomNPlay ID and password you use to log into your KomNPlay Developer account cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of your KomNPlay 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 KomNPlay Developer is not granted in such jurisdictions.
As a KomNPlay 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:
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Revenue share entitlements can be viewed in your Developer Back Office and can be withdrawn after you have completed KYC.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 KomNPlay 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 KomNPlay Developer. If you have breached any term in this agreement and this breach has brought brand or legal harm to KomNPlay, KomNPlay 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 KomNPlay, or its users.
You agree not to exploit any content provided to you by KomNPlay as a KomNPlay 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 KomNPlay.
Furthermore, you may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components on the KomNPlay site or content you may have received from KomNPlay. 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.
KomNPlay retains ownership of all content on KomNPlay. This includes partial or complete builds that may be submitted for approval to KomNPlay, by you. No other rights or licenses are granted or to be implied under any KomNPlay intellectual property. When you submit your game to KomNPlay, you expressly understand that you are handing the intellectual property behind the game over to KomNPlay 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 KomNPlay pre-release materials and content, along with communications with the KomNPlay Submission Team during your game-review period, provided to you as a KomNPlay Developer and any information disclosed by KomNPlay 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 KomNPlay; (c) information that is independently developed by you without the use of any KomNPlay 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 KomNPlay 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 KomNPlay, you agree not to disclose, publish, or disseminate any confidential information to anyone other than to other KomNPlay developers who are employees and contractors working for the same entity as you and then only to the extent that KomNPlay does not otherwise prohibit such disclosure. Except for your authorized purposes as a KomNPlay Developer or as otherwise expressly agreed or permitted by KomNPlay 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 KomNPlay 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 KomNPlay 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 KomNPlay 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 KomNPlay on any public online social media channel, if said information paints the KomNPlay brand in a negative light. Defamation to the KomNPlay brand can carry significant legal consequences.
Communication. KomNPlay 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 KomNPlay will indicate your acceptance of any changes.
In addition, KomNPlay 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 KomNPlay Developer. By agreeing to this agreement, you consent that KomNPlay may provide you with such communications.
KomNPlay may terminate or suspend you as a registered KomNPlay Developer at any time, at its sole discretion. If KomNPlay terminates you as a registered KomNPlay Developer, KomNPlay 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 KomNPlay Developer at any time, for any reason, by notifying KomNPlay 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 KomNPlay will cease, including your right to access KomNPlay, 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 KomNPlay, 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 KomNPlay after demonstrating that you have a gaming or gambling license, then your game submitted to us may continue to remain on KomNPlay 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, KomNPlay will be free to use any information, suggestions or recommendations you provide to KomNPlay pursuant to this agreement for any purpose, subject to any applicable trademarks, patents or copyrights.
While you may use the mark “SkillGaming” or the KomNPlay Logo, or any other marks belonging or licensed to KomNPlay, you agree that all goodwill arising out of your authorized use of SkillGaming’s marks shall inure to the benefit of and belong to KomNPlay. You also may not distort or contort the KomNPlay logo or any other marks belonging or licensed to KomNPlay in a way that brings brand harm to KomNPlay.
KomNPlay 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 KomNPlay 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.
KomNPlay 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, KomNPlay does not guarantee any results or identification or correction of problems as part of the service and KomNPlay disclaims any liability related thereto. KomNPlay disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. KomNPlay 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 KomNPlay 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 KomNPlay makes any pre-release software, hardware or other products, services or information related thereto available to you as an KomNPlay developer, you understand that KomNPlay is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or services changes that KomNPlay 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 KomNPlay 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 KomNPlay 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 KomNPlay to you as a KomNPlay 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 KomNPlay 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 KomNPlay 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 KomNPlay, which allow KomNPlay to track user sessions for any fraudulent play and communicate information back to KomNPlay 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 KomNPlay, 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 KomNPlay. 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 KomNPlay unless made in writing and signed by an authorized representative of KomNPlay.
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