Catnip Games Commercial Terms of Service 1.3 released March 23, 2022
Catnip Games, LLC. (“Catnip”), via the website www.shroudoftheavatar.com, is raising funds for the RPG “Shroud of the Avatar” (the Game). You, the Contributor, may select one or more of the pledges and pay the indicated amount(s) in accordance with the following agreement between Catnip and you, the Contributor.
1. You must be a registered user to select and pay for a pledge. Upon selection of a pledge, your payment will be collected through an independent third party payment provider. By using such provider, you agree to the terms and conditions applicable to each payment method you choose. Catnip does not receive any confidential payment data from such providers, and Catnip is not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. Catnip reserves the right to change such payment providers at any time.
2. Your payment is a deposit to be used for the development and production cost of the Game, including the website cost, the production and delivery cost for the pledge items, and Catnip's corporate expenses associated with the foregoing (the Game Cost).
3. The deposit shall be earned by Catnip and become non-refundable to the extent that it is used for the Game Cost, with each Contributor’s deposit being applied as follows: first to the fulfillment of the pledge items, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total Contributor deposits remaining after the cost for the pledge items.
4. CAtnip agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by Catnip since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless Catnip has not delivered the pledge items and/or the Game to you within 12 months after the estimated delivery date.
5. For the avoidance of doubt, in consideration of Catnip's good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Game Cost as described above shall be non-refundable regardless of whether or not Catnip is able to complete and deliver the Game. In the unlikely event that Catnip is not able to deliver the Game, Catnip agrees to post an cost accounting on its website to fully explain the use of the deposits for the Game Cost. In consideration of the promises by Catnip hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost in accordance with the above.
6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CATNIP OR ITS LICENSORS IS TO CLAIM A REFUND IF AND WHEN DUE PURSUANT TO THE TERMS HEREOF. IN NO CASE SHALL CATNIP OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “CATNIP AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID CATNIP. IN NO CASE SHALL CATNIP OR CATNIP AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CATNIP'S SERVICES AND OR YOUR PLEDGE HEREUNDER. TO THE EXTENT THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CATNIP'S AND CATNIP AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Catnip reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Users are responsible for periodically viewing the Terms.
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Catnip, LLC. hereafter referred to as “Catnip”, grants the following rights to the community:
Using the guidelines below, Catnip grants permission for users to make videos (walkthroughs, Let’s Play, reviews, etc.) with Catnip's game content, images, audio, and/or cutscenes and publish to YouTube, twitch.TV, or similar digital services.
Specifically:
* Do not take assets from our games (e.g. voice, music, items) and distribute them separately
* Do not charge or restrict users from access to your videos
* Do not sell or license your videos to others for payment of any kind
* Absolutely no racist, sexist, homophobic, poor taste, or offensive content
* Keep videos focused on gaming and away from overtly controversial topics
* Do not include cheats, hacks, or similar violations of the EULA in posted videos.
Failure to abide by these content guidelines may result in Catnip having the video removed. Catnip will, at its sole discretion, determine if a video does not comply with these content guidelines.
You are free to monetize videos via the partner programs with YouTube, Twitch.tv, Justin.tv, Blip.tv, Ustream.tv, or similar services whereby a website may pay you for views of a video if you are accepted into their partner program.
Catnip retains all ownership and rights of its produced content, and may terminate or change the terms of this agreement at its sole discretion.
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TOS Addendum: LUA Addons in the Shroud of the Avatar
ADD-ONS DEFINITION
Portalarium, Catnip Games, and Shroud of the Avatar (collectively hereinafter referred to as “SotA”) have provided an API for the creation and use of Add-Ons. Use of the API is subject to the SotA Add-On Terms of Use, available below and at https://shroudoftheavatar.com/add-on_tos Among other things, the Add-On Terms of Use specify that:
The SotA Lua API only allows for Add-Ons, not modifications (MODs) to the game client code. The Lua API is not intended to either allow changes to the way The Game functions mechanically, or allow an Add-On to affect other Game Clients.
SotA is not responsible for any Add-Ons, or the Game if You download and/or use an Add-On; YOU USE THESE AT YOUR OWN RISK;
SotA will not provide customer support on any Add-Ons or Your Game product if You download and/or use an Add-On. Disable all Add-Ons prior to contacting Customer Service;
Your Game may not function properly as a result of downloading and/or using Add-Ons.
Any Add-Ons and/or files that appear to be Add-Ons that You download could contain malicious code that could affect your system. SotA is not responsible for any such malicious code or the performance of Your system as a result of such malicious code;
SotA RESERVES THE RIGHT TO CHANGE THE API AT ANY TIME, OR TO DISABLE AND/OR RESTRICT ANY ADD-ONS AT ANY TIME; and
If you create an Add-On, You must include the following disclosure in a Readme or similar .txt file: "This Add-On is not created by, affiliated with or sponsored by Catnip Games, Shroud of the Avatar or its affiliates."
As a reminder, Your use of the Game is subject to the Terms of Service available at https://www.shroudoftheavatar.com/?page_id=47871 Privacy Policy available at https://www.shroudoftheavatar.com/?page_id=68611, and the Code of Conduct available at https://www.shroudoftheavatar.com/forum/index.php?threads/community-rules-guidelines.54804/, and supplemented by the End User License Agreement available at https://www.shroudoftheavatar.com/?page_id=47863. The Add-On Terms of Use is a "Supplemental Terms" as defined in the Terms of Service and are incorporated by reference.
ADD-ON TERMS OF USE
These Add-On Terms of Use ("Add-On Terms of Use") are entered into by and between Catnip Games, and Shroud of the Avatar ("SotA") and You, an individual ("You" and "Your"), and govern Your creation and/or use of any Add-ons. These Add-On Terms of Use are Supplemental Terms to the Terms of Service ("Terms of Service", available at https://www.shroudoftheavatar.com/?page_id=47871 and together with any other Supplemental Terms, including, but not limited to, the Privacy Policy available at https://www.shroudoftheavatar.com/?page_id=68611, and Code of Conduct available at https://www.shroudoftheavatar.com/forum/index.php?threads/community-rules-guidelines.54804/, collectively, the "Agreement"). The Agreement is supplemented by the End User License Agreement available at https://www.shroudoftheavatar.com/?page_id=47863. Any capitalized terms not otherwise defined herein shall have the meanings given to them in the Terms of Service.
As part of the ongoing Services provided to You, SotA will make available an application programming interface (the "API") to allow You to create, download, enable, use, or associate Content, including user-generated Content ("UGC"), that provides enhancements to the user interface ("Add-Ons") for Shroud of the Avatar software-as-a-service product (the "Game").
The creation, download, enabling, use and/or association of the API and/or any Add-Ons is on a USE AT YOUR OWN RISK basis. As with all Content, including UGC, all uses of the API and any Add-Ons are for Your own personal, non-commercial use solely in connection with the Game, subject to the terms and conditions of the Terms of Service, including these Add-On Terms of Use. Your use of the API, creation of any Add-Ons through the API, and/or the enabling of any Add-Ons in the Game each constitutes Your acceptance of these Add-On Terms of Use. IF YOU DO NOT ACCEPT THESE ADD-ON TERMS OF USE, DO NOT USE THE API OR CREATE, DOWNLOAD, ENABLE, USE OR ASSOCIATE ANY ADD-ONS WITH YOUR GAME.
RESTRICTIONS ON USE
SotA grants a limited license right for personal, private, non-commercial, non-transferable, and limited use governed by the Terms of Service, including the Add-On Terms of Use, to distribute Add-Ons You create to other authorized users who have access to the Game, solely for use with such users’ own authorized copies of the Game and in accordance with and subject to the terms and conditions of the Agreement, including the Add-On Terms of Use, and all applicable laws. You agree that any Add-On distributed to other Game users will include the following disclosure in a Readme or similar .txt file, “This Add-On is not created by, affiliated with or sponsored by Catnip Games, or its affiliates. You agree that in its sole discretion and without notice, SotA reserves the right to modify, restrict, or disable any Add-Ons, including any You have enabled, without notice, at any time and for any or no reason, including, but not limited to, (i) direct and indirect violations of the Rules of Conduct, as described in the Terms of Service; (ii) evidence of commercial gain or attribution, including game exploitation; (iii) undue or unfair burden to the Game, its Services, including customer service support, and/or to other users.
DISCLAIMERS
IN ADDITION TO THE DISCLAIMERS AS SET FORTH IN THE TERMS OF SERVICE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ADD-ONS IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISKS ASSOCIATED WITH ANY ADD-ONS ON YOUR MACHINE. SotA CUSTOMER SERVICE SHALL HAVE NO OBLIGATION TO PROVIDE ANY SUPPORT WITH RESPECT TO THE API OR ANY ADD-ONS, OR TO PROVIDE ANY SUPPORT RELATED TO THE GAME IF AN ADD-ON IS ENABLED IN YOUR GAME’S USER INTERFACE. YOU ACKNOWLEDGE AND AGREE THAT ADD-ONS MAY NOT FUNCTION PROPERLY FOR ANY OR NO REASON, AND THAT SotA SHALL NOT BE RESPONSIBLE FOR ENSURING THE PERFORMANCE OF ANY ADD-ONS OR THE PERFORMANCE OF THE GAME WHEN AN ADD-ON IS ENABLED. YOU ACKNOWLEDGE AND AGREE THAT ENABLING AN ADD-ON CAN AFFECT AND/OR CAUSE YOUR COMPUTER, SOFTWARE, GAME, AND/OR ACCOUNT TO FUNCTION IMPROPERLY.
WITH RESPECT TO ANY ADD-ON THAT IS DOWNLOADED ON OR OVER THE INTERNET, YOU ACKNOWLEDGE THAT THE FILES FOR SUCH ADD-ONS MAY CONTAIN SPYWARE, MALWARE, VIRUSES OR OTHER MALICIOUS CODE THAT COULD AFFECT YOUR COMPUTER OR SYSTEM(S). YOU AGREE THAT SotA IS NOT RESPONSIBLE FOR ANY SUCH MALICIOUS CODE CONTAINED IN AN ADD-ON OR ANY DETRIMENTAL EFFECTS TO YOUR COMPUTER OR SYSTEMS CAUSED BY AN ADD-ON (WHETHER DUE TO MALICIOUS CODE OR OTHERWISE). USE OF THE INTERNET, INCLUDING THE DOWNLOAD OF FILES FROM THE INTERNET, IS AT YOUR SOLE RISK AND FILES SHOULD ONLY BE DOWNLOADED FROM SOURCES TRUSTED BY YOU.
PRECEDENCE
Except as set forth in this Section, if there is any conflict between the Terms of Service, a EULA and any Supplemental Terms, You acknowledge and agree that, for the purposes of the Add-On Terms of Use, the terms and conditions shall govern in the following order of precedence: (i) Terms of Service; (ii) the applicable EULA; (iii) the Add-On Terms of Use; and (iv) the applicable Code of Conduct.