Terms & conditions for the license of StatementGames Services
“StatementGames” or “us” means StatementGames Inc, 152 Ridgewood Ave, Farmingville-NY, 11738, United States. “You“, “your” or “you” means the signatory to this agreement or the entity entering into this Agreement by having a representative sign these terms.
“Product” means a product or service provided by StatementGames Inc. as specified in detail persuent to any order documents or other proposals signed by the parties as attachments to this Agreement. Products identified in order documents signed by the parties are subject to these Terms and Conditions (T&C).
“White-Label Product” means a Product so designated by StatementGames which provides you with the ability to operate proprietary StatementGames Inc. gaming services under your own branding guidelines. Solutions will also provide you with gaming analytics, gaming & consumer data & actionable marketing functionality.
“Package” refers to an individual instance of a StatementGames Inc. Product.
“Content” means anything published by you directly or indirectly via a web site, in conjunction with a Product, including digital media, applications, games, text, web pages and other services.
“Content Providers” or “CP” refers to the publisher of the Content, including advertisers, publishers and brand owners.
- to be responsible for the hosting, selection, updating, encoding, marketing, pricing and support of Content you offer.
- to ensure your Content complies with all applicable laws, regulation, licenses, codes and guidelines and to indemnify StatementGames Inc. for any loss or damage that StatementGames Inc. incurs by reason of your breach of this provision.
- that you have all necessary rights to Content in the countries that you host it, deliver it or transport it and you indemnify StatementGames Inc. for any loss or damage that StatementGames Inc. incurs by reason of your breach of this provision.
- to correctly categorize Content using the tools provided by StatementGames Inc. and you indemnify StatementGames Inc. for any loss or damage that StatementGames Inc. incurs by reason of your breach of this provision.
- to comply with our content abuse processes in Schedule 2 (Abuse Process) attached hereto
- to give StatementGames Inc. the rights to defend ourselves against claims resulting from your Content, and indemnify StatementGames Inc. against fines or damages that result from your misuse of our services.
- to pay for all items on the Product List monthly in advance or as specified otherwise in writing by StatementGames Inc.
- to follow the technical guidelines provided by StatementGames Inc for integration with the StatementGames platform.
- to keep confidential and secure any passwords or other security credentials supplied by StatementGames Inc.
- to market your Content only in accordance with all appropriate regulations and guidelines that apply to you and confirm that StatementGames Inc can withhold service in the event that marketing does not so comply.
- to use the StatementGames Inc. Analytics and Data collection system reasonably – for example by keeping data collection (triggers and campaigns) volumes within limits not exceeding the allowance specified for the chosen Product.
- to use StatementGames Inc. Analytics data collection system strictly in conformance with any applicable laws, including those relating to personal data privacy and the use of tracking / tagging technology, and to indemnify StatementGames Inc. against any fines or damages that result from your breach of this provision.
For White-Labeled Revenue Generating Products:
- to provide sufficient identification of yourself to enable StatementGames to meet its “Know your customer” obligations under anti-money laundering legislation and regulations.
- to allow StatementGames Inc.to deduct any payments owed to StatementGames from any amounts we may be due to pay you.
- to allow StatementGames to delay payment to you until the payment due has reached a minimum amount as specified in the Product description.
Payment terms are strictly within 30 days of your receipt of invoice from StatementGames Inc. Customer shall be entitled to make any deduction or withhold payment for disputed service free from penalty. Customer will provide StatementGames Inc. with written notice of your intention to make such deduction or withhold prior to the respective due date.
If you fail to pay us in full on the aforementioned due date we may:
- Suspend or cancel the Account with StatementGames Inc.
- Cancel any discount offered to you by the Company
- Charge you interest at the rate set under S.5 of The Late Payment Commercial Debts (Interest) Act 1998:
- Calculated (on a daily basis) from the date of the invoice until payment
- Compounded on the first day of each month
- Before and after any judgment (unless a court orders otherwise)
- Claim fixed sum compensation from you under S.5A of that Act to cover all Credit Control overhead costs
- Recover (under clause 5) the cost of taking legal action to enforce payment
If you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may take any of this action at any time without notice.
You do not have the right to offset any monies you may claim from us against anything you may owe us.
StatementGames Inc. agrees:
- to provide the Products on the Product List.
- to allow you to add or remove Products from your Product List, subject to the relevant notice periods.
- to use reasonable endeavors, competence, diligence and skill to keep the Product operating as specified.
- to communicate with you if any Product on the Product List stops working for more than 24 hours.
- to keep confidential any information provided by You or generated by your interactions with StatementGames except where you are using StatementGames to make the information accessible to third parties or as required by law.
- to record and store data in accordance with the allowance specified in the Product provided. StatementGames may archive and remove all data outside this allowance from live storage. You may ensure that data is preserved by upgrading before limits are exceeded.
- to provide you with a procedure for reporting and rectification of problems with a Product.
For all products:
- to allow an independent appropriately qualified auditor to examine StatementGames records of transactions relevant to you. The costs of this will be paid by you unless StatemenGames Inc. stipulates in writing otherwise.
- to provide you with 30 days advance notice of any changes to pricing or payment rates in a Product.
- These Terms and Conditions are under the laws of Delaware, United States.
- The “place of business” for TAX purposes is the Unites States – Delaware.
- Data collected by StatementGames is retained confidentially and used as permitted by the laws of Delaware-United States.
- StatementGames Inc. can suspend items on your Product List if we have reasonable grounds for suspicion that you are in breach of your agreement with StatementGames Inc. or if we are responding to a complaint under the Abuse Process.
- StatementGames Inc. reserves the right to make changes to the functionality of items on the Product List from time to time if required due to third party actions outside the control of StatementGames Inc. or due to regulations or legislation and shall notify you promptly of such changes, and, if possible, prior to implementing them. You may cancel your service at any time without penalty if these changes adversely affect the use of the Service.
- StatementGames Inc. warrants to you that it is the owner of or is licensed to use all copyright, trademarks and other intellectual property rights relating to StatementGames Inc. and all items in the Product List.
- StatementGames Inc. will not have rights in or to exploit any Content provided by You save is as necessary to provide any Products to You and then only for the period of this agreement.
- You will gain no rights whatsoever in any software, hardware or any matter or thing comprising the StatementGames platform or any StatementGames Inc. Product.
- Use of the StatementGames platform services are subject to the usage limits established by the product you have chosen.
- If you reach the usage limits established for your product, StatementGames will at its discretion either automatically stop providing services which would exceed the usage limit or will continue to provide service and will notify you of your options to avoid service suspension.
- In the case of StatementGames Inc. services, such as hosted products where you or your websites use StatementGames services “on demand”, and the usage limit is under your control, StatementGames Inc. reserves the right to modify the behaviour of such services if agreed usage limits are reached and you do not respond to StatementGames request to reduce usage. Such modification may include delaying response to services, providing alternative or re-routed responses to service requests or ignoring such requests.
- Notice may be given by email. You agree that StatementGames may give notice by sending an email to the address provided by you as part of the sign-up or account set-up process, or as later notified by you. You may send notices to StatementGames at [email protected] or, in connection with cancelling a Package only, by selecting the cancel Package option within the online tools at statementgames.com.
- These terms and conditions are subject to change. Any change shall be made in writing 30 days prior to their effective date. These terms and conditions govern your agreement with StatementGames from the effective date until terminated or modified in writing. Should you not accept any new terms and conditions, you may terminate this agreement, in which case the notice period in paragraph 3 of the Indemnification and Termination provisions below will not apply.
- Each party agrees to keep confidential and secure any information which has been declared by the other party to be confidential or which by its nature is confidential including but without limitation passwords or other security credentials or information concerning a party’s business or its customers which the receiving party has received in connection with this Agreement or which it has access to through or which is generated by your interactions with the StatementGames systems and shall not disclose it to any other person except if that information (a) is already in the public domain (b)as already been generated independently by the receiving party (c) is required to be disclosed by a regulator of Government authority pursuant to a lawful request for such information or (d) is required to be disclosed for the purposes only of a party’s fulfilling its obligations or exercising its rights under this Agreement.
- Except as otherwise agreed in writing, these terms and conditions form the entire agreement between StatementGames and you, and supersede any prior agreement covering the same subject matter and any prior written or oral representations.
For White-Label Products:
- For each Product, StatementGames will offer payment methods and for that Product.
- Provided it implements the product functionality you choose, StatementGames may choose to act as a re-seller of your content (a “principal”) or as a payment agent, at StatementGames discretion.
- Payment by end-user customers who access Content may be subject to minimum transaction values, roll-over of unused pre-payment and taxes as defined in the technical guidelines posted at the StatementGames web site.
Indemnification and Termination:
- StatementGames accepts no liability for loss of service caused by third parties over which StatementGames has no control. Nothing in this contract excludes StatementGames liability for fraud caused by the actions or omissions of StatmentGames Inc., personal injury or death. StatementGames Inc. is not liable for loss of profit or damage to reputation.
- StatementGames Inc. liabilities are limited to the amounts paid by you over the last twelve months. The parties agree that this is a reasonable pre-estimate of the maximum damage that could be caused by loss of the services. Damages up to this amount are the only remedy that you have for breach of this agreement except that this limit shall not apply to claims brought relating to confidential information, infringement claims or personal injury claims.
- This agreement is terminated by you by removing all items on the Product List or by sending written notice to StatementGames of such termination.
- This agreement may be terminated by StatementGames Inc. if StatementGames notifies you of violation of the terms of this agreement and you have not corrected that violation within 30 days of StatementGames Inc. giving you written notification of that violation.
- Items on the Product List may be suspended by StatementGames Inc. if you are in breach of the contract.
- StatementGames Inc. may terminate the supply of any Product with 60 days notice unless otherwise specified in writing in the product description.
Schedule 1: StatementGames Inc. Product List
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Schedule 2: The StatementGames Abuse Process
Gamers are encouraged to inform StatementGames Inc. if they suspect Content Providers using the StatementGames platform are doing anything illegal or infringing relevant regulations. Reports can be made by email to [email protected] or [email protected].
When such a report is received by StatmentGames, StatementGames activates its Abuse Process to investigate and resolve the situation swiftly and effectively, and to ensure compliance with relevant laws and regulations.
The abuse procedure is:
- StatementGames support team attempts to identify the Content Provider (CP) to which the report refers.
- StatementGames contacts the Reporter, if possible, to confirm it has received the report and potentially to clarify what they have seen or how to reach it. StatementGames advises them that it is investigating, that StatementGames may notify law enforcement authorities, of the role and responsibilities of StatementGames and if appropriate suggests they contact law enforcement or other organizations.
- If StatementGames can identify the CP, StatementGames will provide them with details of the report we have received and remind them of their obligations under the T&C and remind them of the reach of the Global Mobile Internet.
- StatementGames will advise the CP that it has activated its investigative procedures, which may include involvement of law enforcement or other competent bodies to investigate the report.
- If the complaint appears to involve Children, StatementGames will immediately refers the complaint to the Internet Watch Authorities.
- If the report appears to StatementGames staff to breach T&C and a StatementGames company officer agrees, the content will be reviewed, and a decision taken by a StatementGames company officer on “immediate take-down”.
- The StatementGames Support department will keep as an “open issue” any allegations, and the status is reviewed weekly until Bango takes a view that the report no longer poses a significant risk to StatementGames or StatementGames staff and that the CP concerned is now in compliance with T&C.
Schedule 3: General Product Terms and Conditions
The following terms and conditions additionally apply depending on the products and services selected.
- Information supplied via StatementGames APIs may only be used in accordance with the guidance and purpose stated in the associated API documentation. Information may only be used in accordance with the mobile rules and regulations of a given user’s country.
All analytics products:
- Data recorded by StatementGames Analytics is stored for 13 months for analysis (providing month on month comparison for 1 year) unless otherwise stated by the Product description.
- Data older than this will be removed from live storage and will not be available within the online reports and will not be available for export, either online or through the Web Services API.
- StatementGames Analytics is priced based on Committed Monthly Events. An “Event” is a single instance of time-stamped data sent to StatementGames for storage and analysis. An Event represents a single specific activity such as a page view, ad impression, click, payment or change in state of an application. An Event includes all relevant supporting information such as date, time, user id, device, geo-location and parameters. It does not include Bango payment transactions or access to online reports or data export from the management tools.
- The number of Committed Monthly Events is estimated and paid for in advance of the month start using (link to product page).
- Events that exceed the agreed monthly commitment will may be charged at a higher rate.
- The number of Committed Monthly Events may be increased at any time or decreased with 30 days advance notice.
- Grossly exceeding Committed Monthly Event usage will result in a warning. Non compliance with the warning will result in product termination. StatementGames should be notified of any expected short term spikes / peaks wherever possible in advance of the event.
- StatementGames should be notified of any expected short term spikes / peaks wherever possible in advance.
- StatementGames Analytics contains user tracking capabilities whose use may be restricted by applicable laws. Content Provider will abide by such laws regarding informing end users of this capability and the use to which it will be put and any opt-in or opt-out requirements.
- StatementGames reserves the right to introduce technology such that, on an Event by Event basis, StatementGames will record (anonymised) individual tracking data only if it receives confirmation that the respective end user has opted in for such tracking.
- StatementGames reserves the right to demand that analytics tracking code be removed from any site or campaign and that data recording be stopped, in the event that:
- Events / traffic levels exceed agreed monthly volumes.
- Payment for a Product that includes StatementGames Analytics has not been made when due.
These terms are agreed to and accepted by the parties and shall remain in effect until terminated.
AGREED AND ACCEPTED BY:
StatementGames Inc. Partner Name