PLAIN ENGLISH – KEYMAILER TERMS OF USE – PUBLISHER SIDE

Keymailer offers these valuable free services:

We collect public data about new game releases in order to crowd-source interest in those games from Creators (including Press and Influencers), then share it with Promoters (including Developers, Publishers, PR and Marketing Agencies).

Keymailer asks Creators to tell us about themselves, and share private data from their Press, Video and gaming platforms so we can automatically generate up-to-date Channel Profiles for Promoters, so they can decide which Creators to work with.

For each Creator we verify email and channel ownership, contents of games library, playtime stats, and VR hardware ownership, we then compute influence scores, main coverage type, and gamer genre.  

For established and growing creators we also manually view and review a sample of their channel content to verify it conforms to our Acceptable Usage Policy and is well tagged and labelled. We call this process Accreditation. 

Promoters can offer their games in response to expressions of interest from creators using our encrypted distribution mechanism.

We track YouTube, Twitch, TikTok, Facebook for new video and streams, and notify the relevant promoters about that new content. 

Keymailer can offer the free service by offering these Chargeable Feature Upgrades :

Promoters can access our Creator Database, to find Creators relevant to their Game, then issue them offers of games (“Outreach”).

Promoters can promote their game on the Discover page of the Creator section of Our Websites, in order to significantly increase the discoverability and expressions of interest in their Game (“Ads”).

Promoters can receive unlimited requests each month (“Subscriptions”).

These services are available per game via the Upgrade Page, and some are available via annual Enterprise Agreements.

We have written our Terms of Service to set out these ground rules we play by, and we ask our clients to play by:

In plain English the main parts of the terms of service are:

• we try to keep the site available all the time, but sometimes it will be down
• it’s a business service, so we don’t let consumers or children create game developer accounts
• we comply with data and privacy laws
• stuff you upload is yours, stuff we get from other people is theirs, and stuff we create is ours
• you will only use the site for legal game marketing purposes
• you won’t upload or send anything that will upset reasonable people
• you wont spam users, or send unreasonable content
• there are many free features, and there are some you have to pay for
• we do our best to get things right, but if we don’t, you can’t sue us
• you won’t use our site to assist services that have a similar or competing purpose

For clients who choose an Enterprise Agreement, they will receive a separate Agreement setting out the terms of that agreement.

This section has tried to explain Keymailer using plain English, but it is an incomplete simplification so the full binding legal text follows:

KEYMAILER TERMS OF USE – PROMOTER SIDE

BACKGROUND:

These Terms of Service, together with any and all other documents referred to herein, set out the Terms of Service under which you may use this website, account.Keymailer.co (the “Promoters Side” of “Our Site”).  Please read these Terms of Service carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Service is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Service, you must stop using Our Site immediately.

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us

2.1 Our Site, Keymailer.co , is owned and operated by Keymailer Ltd, a limited company  registered in England under 09569579 whose registered address is 10 Broad Street, Bath, BA1 5LJ.  Our VAT number is  212198823.

3. Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

4.1 Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.

4.2 Accounts are normally controlled by an Organisation, or Administrative Users within an Organisation.

4.3 You may not create an Account if you are under 18  years of age.

4.4 You may not create an Account unless you are a business user. The Publisher Side is not made available to Creators or other private individuals.

4.5 When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.6 We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols  or a passphrase.  It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at [email protected].  We will not be liable for any unauthorised use of your Account.

4.7 You must not use anyone else’s Account.

4.8 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 18 .

4.9 If you wish to close your Account, a nd it is not part of a Organisation, or it is part of an Organisation and you have administrative permissions,  you may do so at any time.  Closing your Account will result in the removal of your information and, if it is an Organisational Account, that of the whole Organisation . Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

5. Intellectual Property Rights

5.1 With the exception of User Content (see Clause 6), a nd 3rd Party Content,  all   Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clause s  5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us, or unless it is User Content that you or your Organisation  have provided .

5.3 You may:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2 Download Our Site (or any part of it) for caching;

5.3.3 Print page(s) from Our Site;

5.3.4 Download extracts from pages on Our Site; and

5.3.5 Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged when sharing or distributing Content from the site .

5.5 You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.

5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5.7 By creating an account on Our Site, you agree that we may add your organisation name to our Client List, and that we may share excerpts of our client list with prospective customers, from time to time, along with your logo, such sharing to include insertion into marketing materials including documents, presentations, and Our Site.

6. User Content

6.1 User Content on Our Site includes (but is not necessarily limited to) for Promoters : game descriptions, game activation codes (keys) or serial numbers, game images, game videos, press lists, relationships to third parties and, for Creators: video reviews, links to video reviews and streams, descriptions of themselves and their channels, and their contact details .

6.2 An Account is required if you wish to submit User Content.  Please refer to Clause 4  for more information.

6.3 You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 17 .

6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferable , royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, transform, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site, including marketing activities off our site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

6.6 If you wish to remove User Content from Our Site, the User Content in question will be delete d or anonymised.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

6.8 If any game activation codes are reported to Us by Creator accounts as non-functional, we reserve the right to redeem a reasonable number of additional keys, to determine replicate the problem, and establish whether the problem is widespread. Redeemed keys will be stored in our corporate retail account, and you may request to inspect to confirm our activities.

6.9 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

7. Links to Our Site

7.1 You may link to Our Site provided that:

7.1.1 you do so in a fair and legal manner;

7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.1.3 you do not use any logos or trademarks displayed on Our Site, other than those make expressly available for Client reproduction,  without Our express written permission; and

7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2 You may link to any page of Our Site which contains your User Content, or refers to your Intellectual Property, e.g. game pages about games which your Brand is responsible for .

7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission, other than by use of the Keymailer Embed or Request Button, and which may be available by Upgrade or Enterprise Agreement only .

7.4 You may not link to Our Site from any other site the main content of which contains material that:

7.4.1 is sexually explicit;

7.4.2 is obscene, deliberately offensive, inappropriate, hateful or otherwise inflammatory;

7.4.3promotes violence;

7.4.4 promotes or assists in any form of unlawful activity;

discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

is calculated or is otherwise likely to deceive another person;

is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions  of this sub-Clause 7.4);

implies any form of affiliation with Us where none exists;

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8. Partners, Third Parties, Links to Other Sites

8.1 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

8.2 By using our site you agree to be bound by the terms and conditions of the partners or third parties listed below, including:

a)YouTube: terms and conditions here: https://www.youtube.com/t/terms

9. Feature Upgrades

9.1 Access to some premium features (“Subscriptions” and “Outreach”), some advertising and promotional mechanisms (“Promotions”, or “Ads”), (together the “Feature Upgrades”), on Our Site are restricted and require a Feature Upgrade. Upon purchasing a Feature Upgrade, the Feature Upgrades will be available to you for the duration of that Feature Upgrade and any and all subsequent renewals.

9.2 We may from time to time make changes to the Feature Upgrades:

9.3 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue;

9.4 Minor changes may be made to reflect changes in the law or other regulatory requirements; and

9.5 As detailed in the Keymailer Upgrade Page , We will continue to develop and improve Feature Upgrades over time, in some cases making significant changes to it.

9.6 We will always aim to ensure that Feature Upgrades are available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.3 . Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of the Feature Upgrades by posting a notice on the Website 1 hour before any scheduled outage.

10. Feature Upgrades – Pricing and Availability

10.1 We make all reasonable efforts to ensure that all general descriptions of the Feature Upgrades available from Us correspond to the actual services that will be provided to you. There may, however, be minor variations from descriptions from time to time.

10.2 Where appropriate, you may be required to select your required product or service. Different types of Feature Upgrade to products and services provide access to different features. Please ensure that you select the appropriate Feature Upgrade when prompted.

10.3 All pricing information is correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes will not affect Feature Upgrades that have already been purchased, but may affect renewals of Feature Upgrades.

10.4 Pricing does not include VAT or other sales Taxes.

10.5 Withholding Taxes, if any, will be paid by the buyer.

11. Feature Upgrades  – How Contracts Are Formed

11.1 You may be able to upgrade to some or all Feature Upgrades via the Upgrade Page on Our Site, or by entering into an Enterprise Agreement with Us directly.

11.2 All additional details of an Enterprise Agreement will be agreed between you and Us, and will be set out in as a new Agreement which expressly includes these  Terms of Use, and may override or add to anything set out herein. The remainder of this Clause 11 and the subsequent Clause 12 relate only to purchases made via the Upgrade Page on Our Site, and not to Enterprise Agreements.

11.3 When you make a purchase via Our Site, You will be guided through the process. Before confirming a purchase, you will be given the opportunity to review your chosen product or service and amend any errors in your Order.  Please ensure that you check carefully before confirming your purchase. Because valuable features are unlocked immediately upon purchase, and some benefits start accruing immediately (e.g. improved positioning), REFUNDS FOR CONVENIENCE ARE NOT NORMALLY PERMITTED, your primary recourse is to cancel any subsequent renewals. In the event that we agree to a refund for convenience, PAYMENT PROCESSORS DO NOT REFUND THEIR FEE, so we cannot refund 100% of your payment. In addition, we must spend time to establish which benefits you have used, and so we deduct $20 or 10% of the amount (whichever is higher) to cover our out-of-pocket expenses.

11.4 No part of Our Site, or any other material constitutes a contractual offer capable of acceptance. By purchasing a product or service via the Upgrade Page on Our Site, you are making Us a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you a Confirmation by email. Only once We have sent you a Confirmation will there be a legally binding contract between Us and you (“the Contract”).

11.5 Confirmations contain the following information:

11.5.1 Confirmation of your chosen Feature Upgrade including full details of the main characteristics and features available as part of that Feature Upgrade;

11.5.2 Fully itemised pricing, including, where appropriate, taxes and other additional charges;

11.5.3 Details of the duration of your Feature Upgrade including the start date and the end and/or renewal date;

11.6 If We do not accept or cannot process your Feature Upgrade purchase for any reason, no payment will be taken under normal circumstances.  If We have taken payment in such circumstances, the payment refund will be initiated to you as soon as possible and in any event within 30 days, although the payment processor may take longer to complete the refund.

11.7 Subject to the cancellation provisions in Clause 13, once you have confirmed your Feature Upgrade purchase, your Feature Upgrade cannot be changed until the end or renewal date of that Feature Upgrade. Changes made to an auto-renewing Feature Upgrade will take effect when the Feature Upgrade is renewed.

11.8 By purchasing a Feature Upgrade, you are expressly requesting that you wish access to the Feature Upgrades to be made available to you immediately (and will be required to acknowledge this).  If you are a consumer, this will result in your right to cancel during the “cooling-off” period being lost. We do not offer any Feature Upgrades that do not begin immediately.  For more details of cancellation, please refer to Clause 13.

12. Payment via Upgrade Page on Our Site

12.1 Payment for Feature Upgrades will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Feature Upgrade.

12.2 We accept the following methods of payment:

12.2.1 Debit Card;

12.2.2 Credit Card;

12.2.3 various other methods listed on the site from time to time, and depending on your location;

13. Cancellation & Refunds

13.1 Persons (private or corporate) in any country who are entitled to a statutory cooling off period when paying for online services are required to, and are considered to have waived their right to the “cooling-off” period in order to access the service before the cooling off period has expired. If your account is logged in at or after the payment, you will be deemed to have waived the cooling off period in order to immediately access its benefits.

13.2 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:

13.2.1 We have incorrectly described the Feature Upgrades or it is faulty; or

13.2.2 We have informed you of an upcoming change to the Feature Upgrades or to these Terms and Conditions that you do not agree to; or

13.2.3 We have informed you of an error in the price or description of your Feature Upgrade and you do not wish to continue; or

13.2.4 There is a risk that the availability of the Feature Upgrades may be significantly delayed due to events outside of Our control; or

13.2.5 We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.

13.3 Non-recurring Feature Upgrades cannot be cancelled. Auto-renewing Feature Upgrades can be cancelled at any time, however no refunds can be provided and you will continue to have access to the Feature Upgrades for the duration of the remainder of the Feature Upgrade period you are currently in.  Cancelling an auto-renewing Feature Upgrade only prevents it from being auto-renewed.

13.4 You must notify us if you disagree with a payment, before raising a dispute with your payment provider. If you do not your account may be suspended. If we cannot resolve your issue, and you go on to raise a dispute with your payment provider, we may suspend your account.

13.5 To cancel a Feature Upgrade for any reason, please inform us using one of the following methods:

13.4.1 By email at [email protected]; or

13.4.2 Pressing the cancel button in your billing page; or

13.4.3 Online using Our Contact form.

14. Promotions, or Ads

14.1 You agree that you will be solely responsible for your Promotion and its content.  We accept no responsibility for the content of Promotions. Specifically, you agree, represent, and warrant that you have the right to submit the Content in or associated with a Promotion, that all the information in or related to the Promotion is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Promotion will comply with Our Acceptable Usage Policy, detailed below in Clause 17.

14.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 14.1.  You will be responsible for any loss or damage suffered by Us as a result of such a breach.

14.3 You (or your licensors, as appropriate) retain ownership of the content of your Promotion and all intellectual property rights subsisting therein. By submitting a Promotion, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Promotion for the purposes of operating and promoting Our Site.

14.4 Your Promotion will be made available on Our Site on the date set out in the Order, or within a reasonable period, after We send you a Listing Confirmation and will continue to be available for the period stated in the Listing Confirmation, or until the Contract is otherwise ended.

14.5 In some limited circumstances, We may need to suspend the availability of Promotions for reasons including, but not limited to, fixing technical problems on Our Site.  If your Promotion is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. Availability of your Promotion will be extended by a period equivalent to the length of the suspension.  If the suspension lasts (or We tell you that it is going to last) for more than 7 days, you may end the Contract as described above in  sub-Clause 13.2.

14.6 If you wish to remove your Promotion from Our Site, you may do so by using the Contact Form.  Removing a Promotion also revokes the licence granted to Us to use that Promotion under sub-Clause 14.3.  Please note, however, that caching or references to your Promotion may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).  Removing a Promotion before its expiry under this sub-Clause 14.6 will not entitle you to any refund, as per Clause 13 . For details of other cancellation rights, please refer to Clause 13.

14.7 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Promotions.  Any such opinions, views, or values are those of the relevant User and/or Listed Business, and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in, Promotions, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business.

14.8 Some ads or promotions may carry a performance guarantee. The details of such guarantees will be linked in the ad store. If you have any questions about how the ad guarantees work, you must seek clarification before placing the ad. Refunds will not be granted if you disagree with any terms relating to ads after the ad promotion has started. If your believe your ad is subject to the guarantee, and seek a refund, contact us using the contact form on the Help page. We will provide a spreadsheet showing how we have calculated your refund, if any. Refunds will be made no later than 30 days after a successful refund claim is received. If you disagree with the calculation of a refund you may request a second opinion from a Director of the Company.  If you still disagree, we have no further appeal process.

15. Liability and Disclaimers

15.1 Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.

15.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

15.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

15.4 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

15.5 If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

15.6 If you are a consumer user, please note that Our Site is intended for business use only and you must delete your account, however if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

15.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

15.8 Nothing in these Terms of Use excludes or restricts any statutory liability we may carry for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

15.9 We enforce anti-fraud measures including validating creator accounts, channel ownership, channel data, and channel accreditation. If you suspect a creator account of being operated in bad faith, e.g. a bot, not the real channel owner, a person seeking to gain by selling your User Content, or other similar damaging actions, you must use the features made available in the system to report these accounts and actions to us, so we can investigate, and suspend any accounts found to be in breach of our terms. If you still have concerns or cannot report the relevant issue using the in-system controls, contact us using the contact form in the Help menu, and we will investigate urgently. We are however not liable for any actions of creators using our platform, and you distribute your content at your own risk.

15.10 The limitations of liability included in this Clause 15 apply only to the use of Our Site and not to the sale of services, where any are made available, which are  governed separately by Our Terms of Sale.

16. Viruses, Malware and Security

16.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

16.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

16.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

16.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

16.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

16.6 By breaching the provisions of sub-Clauses 16.3 to 16.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

17. Acceptable Usage Policy

17.1 You may only use Our Site for these Purposes (“The Purposes”):

17.1.1 create a listing in our Catalogue for your premium Game. Listings for Free-to-play games, demos, previews or other items with no cash value may be permitted with written consent.  

17.1.2 respond to requests from Creators for your Game, with the intention of creation and sharing of video and/or other materials derived from your Game;

17.1.3 promote your Game to Creators on Our Site or in our Networks, by purchasing a promotion;

17.1.4 upload email addresses of Creators known to You, and send invitations to access your Game;

17.1.5 send activation codes, keys, or other game enablement details which are essentially anonymous, and do not require Creators to share personal or contact details in order to benefit from the offer;   

17.1.6 solicit Creators to engage with games requiring shared contact details with our explicit written permission, and in such cases you may not retain their contact details beyond the campaign relating to the product so permitted, and you agree you will be liable to the industry standard talent recruitment fee if you use their contact details beyond this scope; 

17.1.7 embed components of Our Site expressly made available for such purpose by Us, on Your Site, with the intention of encouraging Creators to request your Game via Our Site;

17.1.8 communicate with Creators about matters directly related to operating the campaign inside our system, using the means provided by Our Site;

17.1.9 learn via Notifications about new Content distributed by Creators relating to Your Game; and

17.1.10 receive reports about various statistics describing your Game, Creator Content about your Game, and viewing data relating to Creator Content.

17.2 You May not use Our Site in these ways (“the Prohibited Uses”):

17.2.1 for any purpose other than those directly or indirectly involved with Gaming (excluding gambling);

17.2.2 download any data other than data made expressly made available through a download link or button;

17.2.3 write scripts, software code, or use other tools to programmatically retrieve data from Our Site;

17.2.4 communicate or solicit communication with Creators introduced to you by Our Site, outside Our Site, other than by invitations sent via Our Site. For the sake of clarity you may not request the contact details of Creators, or request they join any communications service other than our communications system;

17.2.5 solicit Creators to join or create an account on any other system or service that requires any personal contact details, such as a proprietary launcher, a game service, subscription, or other account based on personal details, unless subject to 17.1.6 above you have our written permission;

17.2.6 encourage to use, solicit to join, or notify Creators of services or systems that compete or offer similar services to Our Site;

17.2.7 send game activation codes (“keys”) which are known, or suspected, not to work, or which you have not handled with due care;

17.2.8 upload email addresses to Our Site to send communications to Creators or others which you do not already have lawful consent and legitimate interest to communicate with, in order to make offers consistent with the Purposes of Our Site; or

17.2.9 send Offers to Creators which are not related to the Request they made, or not related to their coverage history; or

17.2.10 send an unreasonable number of messages to Creators, whether by Outreach, Messaging, or any other communication features, such number being our exclusive decision; or

17.2.11 list Games, or send offers by Outreach for Games with no cash value, unless by prior written agreement; or

17.2.12 in order to learn how to create, compare, or calibrate, a competing or similar system, whether your own or a 3rd party system; or

17.2.13 to penalise or punish creators who create content that complies with our Creator Acceptable Usage Policy, but which you do not like, disagree with, or wish to be taken down. To be clear, you cannot revoke or void keys used to creating otherwise compliant reviews that you do not like.  

17.3 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 17 (“the Lawful Purposes”).  Specifically:

17.3.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

17.3.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent, including using Intellectual Property to which you do not have a license, right to use, or ownership ;

17.3.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that circumvents, avoid, contradicts, or is prohibited by the GDPR or other data protection or consumer protection legislation, whether intentional or otherwise;

17.3.4 you must not use Our Site to knowingly send, upload, or in any other way transmit data that mentions, promotes, or refers users to a competing or potentially competing service, commercial or not, or a company who owns, markets or promotes the same, whether intentional or otherwise;

17.3.5 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

17.3.6 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

17.4 When submitting User Content (or communicating in any other way using Our Site),you may only submit “Acceptable Content”, meaning content that is not:

17.4.1 is sexually explicit;

17.4.2 is obscene, deliberately offensive, inappropriate, hateful or otherwise inflammatory;

17.4.3 promotes violence;

17.4.4 promotes or assists in any form of unlawful activity;

17.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

17.4.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

17.4.7 is calculated or is otherwise likely to deceive;

17.4.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

17.4.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 1 7.4 );

17.4.10 implies any form of affiliation with Us where none exists;

17.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

17.4.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

17.5 We only offer accounts to people and organisations that are consistent with our business purposes.

17.5.1 Applications for accounts from people or organisations which meet any of the criteria below will be declined.

17.5.2 Existing accounts for people or organisations which meet any of the criteria below will be suspended, terminated or deleted.

17.5.3 For the purpose of clause 17, our definition of person or organisation also includes staff, workers, freelancers, subcontractors, directors, advisors, shareholders, volunteers, subsidiaries, group companies, and affiliates of those people or organisations.

17.5.4 We will use our exclusive judgement to decide whether a person or organisation falls under the criteria below, and such judgement is not subject to appeal. At our sole discretion we may consider representations.

17.5.5 Actions inconsistent with our business purposes, and which may lead to accounts being declined, suspended, or deleted include, but are not limited to:

17.5.5.1 operating a competing service, or giving the appearance of such;

17.5.5.2 designing, creating, or considering creating a competing service, or giving the appearance of such;

17.5.5.3 promoting a competing service, or giving the appearance of such.

17.6 We reserve the right to suspend or terminate your access and /or your Organisation’s access  to Our Site if you materially breach the provisions of this Clause 17  or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:

17.6.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

17.6.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;

17.6.3 issue you with a written warning;

17.6.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

17.6.5 take further legal action against you as appropriate;

17.6.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

17.6.7 any other actions which We deem reasonably appropriate (and lawful).

17.7 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

18. Privacy and Cookies

18.1 Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://www.keymailer.co/privacy . These policies are incorporated into these Terms of Use by this reference.

19. Changes to these Terms of Use

19.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

19.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

20. Other Important Terms

20.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

20.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

20.3 The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

21. Contacting Us

21. To contact Us, please use Our contact page at account.keymailer.co.

22. Communications from Us

22.1 We may from time to time send you notices by email. Such notices may relate to matters including, but not limited to, service changes, new service features, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

22.2 We will never send you 3rd party marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from us at any time, it may take up to 7  business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

22.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at our Contact page.

23. Data Protection

23.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

23.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.keymailer.co/privacy.

24. Law and Jurisdiction

24.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

24.2 If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

24.3 If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency