Last revised 2012-07-03.
This is an agreement between the following two parties:
By both parties stating their agreement with these terms, they are agreeing to be bound by the terms and conditions of this agreement. Both parties must be at least 18 years of age (or the age of majority in their jurisdictions). If either party violates these terms, the agreement may be terminated and games involved in this agreement be removed from the Gameolith Platform.
This agreement is subject to the laws of England and Wales.
The terms within this section apply on an case-by-case basis to each Game submitted to the
Gameolith Platform for distribution. Agreement to these terms indicates agreement to these terms for every Game submitted to the Gameolith Platform for distribution. The terms no longer apply to a Game upon its removal from the Gameolith Platform.
When the term Game is used in this section, it refers to an individual Game which is or will be
available on the Gameolith Platform for sale and distribution.
When the term Authorised Customer is used in this section, it means a customer who has
purchased the Game, or a license to use the Game through the Gameolith Platform.
The Developer agrees that by submitting a Game to the Gameolith Platform, they own the copyright of, or have the right to commercially exploit the Game, and that by submitting the Game to the Gameolith Platform, are responsible for dealing with any and all copyright or intellectual property matters that may arise from the result of distributing the Game. In short, the Distributor holds no responsibility nor liability for any form of copyright or intellectual property dispute relating to the Developer’s Game, whether it is distributed on the Gameolith Platform or not.
The Developer agrees to grant the Distributor a non-exclusive licence to the Developer’s trademarks and copyrights within assets provided to the Distributor, to use them throughout the Gameolith Platform and in external advertising, the scope of which is to advertise the presence of the Game on the Gameolith Platform. The Developer also agrees to grant the Distributor the non-exclusive right to distribute the Developer’s Game on the Gameolith Platform to Authorised Customers.
The Distributor agrees to grant the Developer the non-exclusive right, which is transferrable at the Distributor’s discretion, to use the Gameolith logo, trademark(s) where applicable, trade names or any other materials provided to the Developer by the Distributor in order to promote the Developer’s Game and its placement on the Gameolith platform.
The Distributor does not and will not assert any copyright or intellectual property rights over the Developer’s Game and its provided materials.
To submit a Game the Developer must provide certain information to the Distributor, which will be used to:
This information will be requested separately from this agreement before the Game will be distributed on the Gameolith Platform.
However the following details must be supplied to the Distributor, and such details must be accurate:
Every Game will have Gameolith Packages built for Gameolith Supported Platforms, if compatible packages have not been provided by the Developer. Therefore, you will need to provide your Game Files in a supported format. Game files must be provided for all of the Gameolith Supported Platforms, unless the Developer or Publisher has been specifically restricted from distributing the Game Files for a particular platform, or a separate arrangement has been made with Gameolith regarding the distribution of a particular set of Game Files.
The Game Files can be submitted in any and all of the following formats:
Game Files submitted for inclusion on the Gameolith Platform will be converted into Gameolith Packages and distributed to Authorised Customers.
You must notify us as a part of the Game submission procedure of any and all Digital Rights Management systems in use on the Game. You must also notify us of the maximum number of activations in place on the product (if any), using the criteria specified during the Game submission procedure.
If you are not utilising digital rights management with a particular Game, you must also notify us within the Game submission procedure. If the game is available for sale without the use of digital rights management at another digital distributor, you must provide a DRM-free copy to Gameolith.
If your digital rights management system uses product keys, you should provide Gameolith with either:
You must apply any and all digital rights management systems to the Game Files before they are provided to us. The DRM must not prevent us from creating Gameolith Packages.
If the DRM applied to the Game Files prevents us from creating Gameolith Packages, we will
contact you forthwith requesting Game Files which do not prevent us from creating Gameolith Packages.
Game demos will be promoted prominently on the same page that the Game will be made available for sale, and made available for download at no cost to the Developer or the User(s).
The Developer should provide the game demo's files in a supported format, as defined in the section titled “Game files”.
Before the Developer’s Game can be distributed on the Gameolith Platform, you need to provide the Distributor with certain assets so it can be promoted and published.
You receive a percentage of revenue from each sale of a Game. This percentage is defined as
Pricing of a Game is set by the Developer. Any and all transaction fees incurred are covered by the percentage of revenue Gameolith keeps per sale. You will never be liable for these fees.
In the event that Value Added Tax must be charged by the Distributor, the tax will be calculated separately from the price and charged to the User at the point of sale.
Each Authorised Customer shall have an unlimited number of downloads of the Game from their personal Gameolith Package Repository. This is independent of any activation limits in place on the Game's DRM, if any.
Revenue earned by the Developer from sales of their game will be placed into the Developer’s Gameolith Credit balance. This balance can be withdrawn from upon request with the following payment options:
A minimum withdrawal of 200 US Dollars applies, based on the contents of the Gameolith Credit balance (other currency converted to US Dollars where applicable). A payment below the minimum can be provided on request, but at the sole discretion of the Distributor.
If the Developer chooses to receive payment by posted cheque, the Developer will need to provide the Distributor with a name for the cheque to be made out to.
If the Developer chooses to receive payment by PayPal or Google Checkout, the Developer will need to provide the Distributor with an e-mail address that the payment is to be sent to.
Wire transfers cannot be made in Pounds Sterling to US bank accounts. Other restrictions may apply due to monetary laws around the world.
Further payment options may be added at any time. You can switch to and request differing payment methods by contacting the Distributor at any time.
This agreement can be cancelled by the Developer on condition that 30 days advance notice is given to the Distributor. Likewise, this agreement can be cancelled by the Distributor with 30 days advance notice to the Developer. The Developer’s Games will be removed from sale on the Gameolith Platform within the 30 day advance notice period.
Authorised Customers who have purchased copies of the Developer’s Games will continue to have the ability to download their purchased Games, regardless of the cancellation of the agreement.
One further e-mail statement will be sent detailing the remainder of the revenue up until
cancellation. The payment for that revenue will be sent as detailed in the e-mail statement.
Upon the delivery of the final payment, all rights contained within this agreement are cancelled, and will have no further effect. The Developer’s Games will be removed from sale on the Gameolith Platform as a result.
Upon the termination of this agreement, all rights outside of this section that have been granted to the Developer by the Distributor, and to the Distributor by the Developer are revoked.