G-Switch 4: Creator - Terms of Service


These terms of service ("Terms") govern your use of the G-Switch 4: Creator web app ("App"). By using the App, you agree to these Terms.

Intended Audience

This App is intended for users who are 13 years of age or older. By using the App, you represent that you meet this age requirement.

License

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes. Exceptions to the non-commercial usage restriction are specified under the "Sharing on Third-Party Platforms" section below. Any other uses require our express written consent.

User Content

You may upload and submit user-generated content to the App, such as custom levels. Any data that is created and submitted by you, such as levels, level names, your user name, is "User Content". By submitting User Content, you represent and warrant that you have the necessary rights and permissions to use and submit the User Content, and that the User Content does not infringe on any third-party rights.

You retain all ownership rights in your User Content, but you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and modify your User Content for the purpose of providing and improving the App.

We reserve the right to modify or remove at any time without warning any User Content that:

If modified, we will make reasonable efforts to ensure minimal changes that satisfy these requirements while preserving the original intent and meaning of the content.

We also reserve the right to use screenshots and video capture of User Content, where adequate, for the purpose of promoting the App.

Sharing on Third-Party Platforms

You are permitted to create, upload, and share videos, images, or audio that showcase or represent aspects of the game itself, as well as your personal gameplay experiences (collectively referred to as 'Game Content'), on third-party platforms such as YouTube. You may monetize your Game Content through advertisement revenue, viewer donations, Patreon support, or other similar indirect monetization methods, provided that the Game Content remains freely accessible to the public and is not behind a paywall, subscription service, or subject to any other such kind of payment that restricts free access to the Game Content itself.

You are prohibited from intentionally misrepresenting the Game Content or using it in a manner that deceptively portrays the App or its features. Any commercial uses beyond what is permitted in this section require our express written consent.

Prohibited Conduct

Unlawful, fraudulent, offensive, or defamatory uses of the App are prohibited. This includes but is not limited to uploading User Content that is violent, sexually explicit, or violates any third-party rights, and impersonating another person or entity.

Intellectual Property

The App and its contents, including but not limited to graphics, images, text, software, and audio, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. Unauthorized reproduction or distribution of our content is prohibited and may result in legal action.

You may not reproduce, distribute, display, or modify any content from the App without our express written consent, except as explicitly permitted under the "Sharing on Third-Party Platforms" section of these Terms.

Disclaimer of Warranties

The App is provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that the App will meet your requirements or that the App will be uninterrupted or error-free. We are not responsible for any damages arising from the use of the App, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any damages, including but not limited to direct, indirect, incidental, punitive, and consequential damages, arising from the use of the App.

Indemnification

You agree to indemnify and hold us harmless from any claim or demand, or legal action, including reasonable attorneys' fees, arising out of your use of the App or your User Content.

Termination

We may terminate your license to use the App at any time for any reason. Upon termination, you must cease all use of the App and delete all copies of the App from your devices.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Portugal. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Portugal. Users outside Portugal are responsible for compliance with local laws.

Changes to the Terms

We reserve the right to modify these Terms at any time. Thus, you are advised to review this page periodically for any changes.

Contact Us

If you have any questions or concerns about these Terms, please contact us at [email protected]

© Serius Games 2011