Last modified on Feb 24, 2022
Note: Section 18. contains an arbitration clause and class action waiver. If you live in the United States, this affects your rights about how to resolve disputes with us.
By accepting this agreement and using Game Jolt’s website, mobile app, or other services, you agree to be bound by everything in this agreement.
Please read it carefully!
First, a few important things:
In order to create an account on the Service, you need to be an adult, or your parent or guardian needs to make an account and consent to your use. No one under 13 years old may use the Service.
We will update these Terms from time to time. The latest version will always be posted on the Service. If you continue to use the Service, you agree to the latest version of the Terms. If you don’t agree, please don’t use the Service.
We’re trying to make Game Jolt a safe and fun place for everyone. So if you violate this Agreement, we can terminate your account and prevent you from using the Service.
We allow you to interact with other users on the Service. Because of this, we’ve put together an Acceptable Use Policy that you need to follow. You can read more in Section 4. below.
1. Our License to You
The Service is licensed to you by Game Jolt for personal use on your computer or other devices. Any other uses are prohibited.
For example, if you use the Service for commercial purposes that aren’t covered under a separate agreement between us (such as putting your game up for sale on our Marketplace), that’s not allowed.
Any products or services you purchase under these Terms (including any games) on the Service are licensed, not sold.
Apple Users: For users who accessed the Service through the Apple App Store, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, the above license is limited to usage on any Apple-branded products that you own or control, and only as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions located at https://www.apple.com/legal/internet-services/itunes/us/terms.html. However, the Service may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
2. Your Account
Creating an Account. To use the Service, you may be required to have a user account (your “Account”). To create an Account, you must be an adult and have the legal capacity to enter a contract in the jurisdiction where you live. If you are under 18 years old, your parent or legal guardian must create the Account, and consent to your use of the Service. Children under the age of 13 are not allowed to use the Service or to create an Account.
You, and only You, are responsible for what happens on your Account. That means you need to keep your password and other security info safe. If you lose your password or there’s a breach of your Account, please let us know immediately.
Your Username. We want Game Jolt to be a welcoming place for our users, so you’re not allowed to choose a username that’s offensive, vulgar, or obscene. Also, don’t pick someone’s name or a brand name or trademark that’s not yours. We reserve the right to make you change your username at our sole discretion.
Messages from Game Jolt. By creating an Account, that means you allow us to send you communications related to your Account and the Game Jolt Service. We may do that through a message on your Account, an email, a text message, or through other contact information that you give us through your Account.
Download Pages. When you purchase a product or service through your Account, you may receive a unique download page. You agree that you will not, directly or indirectly, disclose the unique URL for your download page to anyone else or use anyone else’s download page. You are solely and entirely responsible for all activities that occur on your download page. Game Jolt will not be responsible for any losses arising out of the unauthorized use of your download page.
Other Account Terms. Remember, we’re only licensing the Service and your Account for you to use: you’re not allowed to sell, buy, give away, or trade an Account, whether it’s yours or someone else’s. We only license the Account to you and it’s not transferable to anyone else.
If we think that you’re not abiding by these Terms, we reserve the right to suspend or terminate your Account at any time at our sole discretion.
One more thing – any data or internet charges related to your access and use of the Service, as well as any devices you need to access and use the Service, are your own responsibility.
Service Fees. Parts of the Service may require payment of fees - either a one-time payment or an ongoing subscription fee (we’ll call those the “Fees”). Before we charge any Fees to you, we’ll let you know what they’re going to be. You agree that you will pay any required Fees before we provide access to that part of the Service, whether it’s to access a game on the Service or some special feature. You also agree that we can change these Fees at any time – but we will notify you in advance when we change those Fees.
Payment Processing. We use a third-party company to help us process payments on the Service. By using the Service and making a purchase, you authorize that third-party payment processor to process any purchases and deduct the Fees from your credit card or bank account (whichever you use).
You agree to keep your payment info up to date on your Account and agree that Game Jolt is not responsible for any overdrafts or other fees that your bank, credit card company, or our third-party payment processor charges. If the payment is declined and we provide you the portion of the Service you were paying for, you agree that you owe us those agreed-upon Fees and agree to cover any expenses we incur in any collection activities with regard to collecting those Fees.
Lastly, if your payment fails to go through, we reserve the right to suspend your use of any paid part of the Service until that is cleared up.
Refunds. As a general rule, any Fees you pay are non-refundable. All sales on the Service are final. Certain restrictions apply to sales of products and services sold or made available through the Service that might not otherwise apply to physical goods.
Unless otherwise required by law, Game Jolt does not offer refunds unless there is a defect in the product or service itself that prevents you from launching the product or service, and in such cases the refund period will be limited to 3 days following your purchase. Refunds will not be issued due to your dissatisfaction with the product or service or if your computer does not meet the minimum product or service requirements. Unless otherwise required by law, refunds will be issued solely at Game Jolt’s discretion.
If you think you qualify for a refund, please email us firstname.lastname@example.org. More than 3 days after a purchase, it is no longer possible for us to issue refunds on purchases through third-party payment processors, so you should contact us as soon as possible with refund inquiries.
Disputes. If you make a payment on the Service, and there’s a dispute between you and any third party related to that transaction (whether it’s a bank, payment processer (such as Stripe or PayPal), or a credit card company), you agree that those disputes are solely between you and them. You agree to indemnify Game Jolt, its licensors, affiliates, employees, officers, and directors from and against all liabilities, losses, and expenses, including reasonable lawyers’ fees, arising from any such claim.
Product Delivery. Occasionally, technical problems may delay, interrupt or prevent the download or activation of the product or service that you purchased through the Service. Your exclusive and sole remedy with respect to any product or service that is not downloadable or able to be activated within a reasonable period will be limited to either (a) the replacement of such product or service, (b) store credit, or (c) a refund of the purchase price paid, as determined by Game Jolt in its sole discretion.
Game Jolt has no liability for issues you have with downloading, activating, or using products or services due to factors beyond Game Jolt’s control, including your computer’s performance and the speed of your Internet connection.
Products In Development. Some products and services still may be in development when you purchase them. You understand that product or service release dates may be delayed and that release dates and times posted on the Service only are estimates. You will not be entitled to any refund for a delayed product or service release date.
Our obligation to deliver any product or service to you will be complete at the time and place you first receive the information necessary to commence download or activation of such product or service. In all circumstances, it is your responsibility to ensure that a product or service is correctly and completely installed on your computer.
Once a product or service is purchased and you receive the product or service, it is your responsibility to keep the product or service from being misplaced, damaged, deleted, or destroyed, and Game Jolt has no liability to you in the event of any loss, damage, deletion, or destruction.
5. Your Content and Conduct
Your User Content. Any information, material, and content which you and other users post, contribute, share, or otherwise submit through the Service is called “User Content.” This can be things like your profile photo, your posts and comments, uploaded games, messages to us and other users, and other things that you post or share on the Service.
When you post User Content, you’re promising to us that you either own or have the rights to post that User Content. You also give us permission to use, copy, modify, distribute, and display that User Content, in any form or type of media, whether it exists now or is invented later, for both commercial and non-commercial uses. This includes the ability to use this content to promote the Service in any way, to show it to other users and allow other users to use, and for any other purpose in connection with the Service. You also grant permission for other Service users to share, distribute, and otherwise use your User Content in any way that the Service allows.
Feedback. If you provide us with any Service-related request, suggestion, or feedback (including identifying potential errors and improvements), you hereby assign to Game Jolt all right, title, and interest in and to such request, suggestion, or feedback, and Game Jolt will have the right to use, implement, and modify it without any payment or restriction.
Acceptable Use Policy. When you’re using the Service and posting User Content, you are the only one responsible for that User Content. Because of this, you need to follow certain rules. You agree that your User Content won’t be or do any of the following:
Threaten, bully, defame, abuse, or be obscene or lewd.
Give rise to any civil or criminal legal liability under any applicable laws.
Constitute hate speech, slurs, or attacks on anyone (not just other users) based on their race, gender, age, religion, nationality, disability, sexual preferences, or gender identity.
Spam other Service users (meaning that the same message is sent multiple times or to multiple users) or send “chain letters” or “junk mail” on the Service.
Advertise any commercial products or activities, except where explicitly allowed by Game Jolt (such as under the Game Jolt Marketplace agreement).
Solicit other users for any lewd or inappropriate purpose – whether any message meets this definition will be determined at our sole discretion.
Engage in or encourage behavior that makes the Service unsafe or uncomfortable for other users. This could be encouraging vigilantism, hateful or threatening conduct, harassment, abuse, defamation, lewdness or suggestive conduct, inflammatory or profane, or racially or ethnically discriminatory, or anything else that we determine to be inappropriate or unlawful.
Anything that will restrict or discourage other users from using Game Jolt.
Hacking or modifying the Service, including the use of automated software or bots, or any other unauthorized software that is designed to modify the Service, imposes an unreasonably large load on the Service’s servers, or otherwise interferes with the Service’s operation.
Infringe any third-party rights, including copyright, trademark, and other intellectual property rights, as well as any publicity and privacy rights.
Claim to other users or third parties that you’re affiliated with Game Jolt, including stating that you’re a moderator or admin.
Ask other users for their login information.
Use or have any programs that are designed to “crack” the Service, or upload viruses, Trojan horses, worms, and other types of software meant to damage or interrupt the Service’s proper operation.
Use, develop, or support any kind of software, devices, scripts, robots, or other processes to scrape the Service or otherwise copy content, games, user profiles, or other data from the Service;
Contains any “adult” content, which could be 1) obscene, pornographic, or adult-oriented content, 2) content which contains any imagery of exposed intimate body parts, including blurred or censored versions of such imagery, 3) content that depicts, solicits, promotes, normalizes, or glorifies sexual acts, sexual solicitation or sexual violence, or 4) content that is otherwise in violation of our community standards, which may be posted on the Service and updated from time to time;
Do anything else that we determine (in our sole discretion) to be offensive or harmful to either the Service, our users, or our business.
You agree that we may have to remove or disable any User Content that we determine is not appropriate or sharable on the Service, without notifying you or getting your permission. Additionally, you agree that we have no obligation to make any of your User Content public, including any games that you submit to the Service.
No Monitoring. If you believe that something on the Service violates this Acceptable Use Policy or otherwise violates these Terms, you may send an email email@example.com.
Other Users’ Content. You also agree that other users may post User Content that could be viewed as inappropriate or offensive, and that we’re not responsible for that User Content.
If you do come across any objectionable User Content on the Service, you can report another user, comment, post, community, or livestream directly from the page of those features, or just email us at firstname.lastname@example.org. Game Jolt does not necessarily monitor any materials posted, transmitted, or communicated to or within the Service.
Public Content. Also, remember that your User Content may be publicly viewable, depending on your privacy settings and the part of the Service you’re posting content on. We can’t guarantee the privacy of any User Content, so please post User Content with this in mind. If you have any questions about this, don’t hesitate to contact us.
6. Other Content on the Service
Any content on the Service, including your own User Content, User Content from other users, and content provided by Game Jolt or other third parties (together, the “Service Content”), is provided “as-is.” This means that we’re not making any promises or warranties with regard to the Service Content. You are using the Service for personal use only and at your own risk.
Also, you agree that you’re not allowed to copy, download, distribute, or exploit any Service Content for any other purposes without our consent or the consent of whoever owns the rights to that Service Content. Any rights not granted to you under these Terms are retained by us or whoever owns that Service Content.
Apple Users: In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Game Jolt, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Linked Services
Like most places on the Internet, the Service may have links to other sites, apps, and content (we’ll call these “Linked Services”). We don’t own or maintain those Linked Services, and don’t have any control over their content.
By clicking any link or otherwise leaving the Service, you agree that we’re not responsible for those Linked Services, making any promises about that content, or even promising that the Linked Services will exist or function properly. You also agree that we’re not endorsing and not endorsed or sponsored by those Linked Services (except where we make that clear).
Any business or other relationship between you and any other parties found through the Linked Services are solely between you and that other party.
8. Other Rules
By using the Service, you agree not to remove or change any of the copyright or trademark notices that are on the Service. You agree that we are the owner of any copyrights and trademarks in and on the Service, or that those are owned by third parties who license those rights to us to put them on the Service.
You also agree not to reverse engineer or decompile the Service.
When you’re using the Service, you agree to follow any laws that apply to your use of the Service.
Lastly, by using the Service, you promise us that you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist nation”; and that you are not listed on any U.S. government list of prohibited or restricted parties.
9. Support Services
You agree that we aren’t required to provide any customer or technical support for the Service, or responsible for any problems if we don’t provide support. However, we may be able to provide support to you when you contact us at email@example.com, including for billing and order inquiries.
These Terms take effect when you begin using the Service (whether you have an Account or not) and will stay in effect for as long as you continue using the Service. You agree that we may terminate this Agreement with you at any time, at our sole discretion. This might happen because we discontinue the Service or because we determine that you’ve breached these Terms, for example.
If we do terminate these Terms or your Account, be aware that we are not responsible for any refunds and you need to stop using the Service immediately.
Additionally, we may modify these Terms from time to time. If we do, we will notify you either through the Service itself or through the contact info you have on your Account. You agree that by continuing to use the Service, you agree to the latest version of the Terms.
If you want to terminate this agreement or delete your Account, you can let us know by contacting us at firstname.lastname@example.org.
11. Copyright Complaints
DMCA Notices. If you are a copyright owner or their agent, and believe that any Service Content infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached at the following physical or email address:
Game Jolt Inc.
505 Broadway E. #140
Seattle, WA 98102
For a quicker response, please email us at email@example.com.
Repeat Infringer Policy. If you repeatedly post User Content or anything else that infringes on any third-party intellectual property rights, we may disable your Account on the Service or remove all of your User Conent. This is part of our Repeat Infringer Policy.
Under this Policy, we may limit or remove your ability to post User Content or remove access to Service features (or the Service itself). The specific actions we take will depend on the circumstances of the infringement, including the severity and the frequency.
If you think that your Account has been suspended or limited incorrectly or unfairly under this Repeat Infringer Policy, please reach out to us at firstname.lastname@example.org.
12. No Warranties
We expressly disclaim any warranty in, to, or for the Service. The Service is provided “As Is,” without any express or implied warranty of any kind.
We expressly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, or continuous operation.
You assume the entire risk associated with operation of the Service. We do not warrant or assume responsibility for the accuracy or completeness of any content, games, information, text, graphics, links, or other items contained within the Service. We make no warranties about any harm that the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program may cause. We further expressly disclaim any warranty or representation to anyone who operates or otherwise utilizes the Service. We cannot guarantee the integrity of the Service or that it will be free from attacks by third parties – these may result in incomplete or erroneous results from operation, or damage to hardware devices on which the Service is loaded and operated.
To the maximum extent permitted by applicable law, no Third-Party Platform (meaning Apple, Google, or other platforms that you may have downloaded the Service from) is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
Apple Users: In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you. Additionally, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Game Jolt’s sole responsibility.
13. Limitation of Liability
You expressly understand and agree that neither Game Jolt nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Game Jolt or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You agree that we have no liability with respect to any third-party content, including but not limited to User Content, advertisements, videos, images, or other content displayed as part of the service.
You also agree that we are not a backup service, and you agree and acknowledge that we have no liability to keep backups or archive copies of your User Content or any Service Content, and you agree not to rely on us to do so. We are not liable for any loss of any content whatsoever.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under these Terms, your possession or use of the Service, or any Service content. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Game Jolt, as described in Sections 17. and 18. below.
The limitation of liability set forth above may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
Apple Users: Both you and Game Jolt acknowledge that Game Jolt, not Apple, are responsible for addressing any user claims User or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of the HealthKit and HomeKit frameworks.
You agree to indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of User Content or Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection with that breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Service.
16. Disclosures Required by Law
As part of our operation of the Service, we reserve the right to disclose any information, including personally information about you, as necessary to stay compliant with any applicable law, legal process, or governmental request. We reserve the right to fully cooperate with any authorities or court orders requesting or directing us to disclose the identity of anyone publishing or otherwise making any materials available that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
17. Dispute Resolution and Governing Law
Except to the extent that the applicable laws of your jurisdiction otherwise require, these Terms are governed by Washington state law. Subject to Section 18. below, you agree to submit to the exclusive jurisdiction of the courts of Seattle, Washington to resolve all disputes arising from or related to these Terms.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of these Terms, an amicable solution can be sought before any legal action. You can file your complaint with Game Jolt by sending a message via email to email@example.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
18. Binding Arbitration
Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Additionally, each claim needs to be brought individually, and not joined with any other arbitration, in a class, consolidated, or representative action, or as a private attorney general. The Federal Arbitration Act and federal arbitration law apply to these Terms and this binding arbitration agreement.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator has to follow these Terms as a court otherwise would. Court review of the arbitration award is limited.
To start an arbitration, you must send a letter to our address here describing your claim and requesting arbitration. We will then begin the proceedings through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the claim, and any other filing and other fees will be divided as directed by the JAMS rules. If the arbitrator determines that the claims are frivolous, the party defending the claims may seek attorneys’ fees and costs. Arbitration will take place in Seattle, Washington, USA, but you can choose to participate by telephone or Internet connection or through written submissions.
Additionally, we both agree to waive our right to sue in court or have a trial by jury.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court (including to seek an injunction or other equitable relief) for any misuse or infringement of intellectual property rights.
19. Miscellaneous Terms
If we fail to enforce any of these Terms, you agree that this doesn’t mean we’ve waived our right to do so. Any waiver of our rights under these Terms must be in a signed writing.
If any of these Terms are found by a court or arbitrator to be invalid, they will be replaced with substitute terms which are valid and enforceable which most nearly effects the intent of the original term. Every other term will remain in full force and effect.
Nothing in these Terms makes us partners, employees, or agents of each other. Neither of us may hold ourselves out as such. Neither of us has any authority to incur any obligation on behalf of the other, except as specified in these Terms. We are both responsible solely for our own actions.
If you have any questions, or if you want to report any violations of this Agreement to Game Jolt, please message us at firstname.lastname@example.org.