Correlate Platform Limited (“Correlate,” “we,” “us,” or “our”) owns and operates the website located at correlate.com (the “Site”).
Please read these Terms of Service carefully. These Terms of Service state the terms and conditions under which you may use our services which we make available to you through our Site (the “Services”).
Accepting our Terms of Service on behalf of a company
1.2 If you are accepting these Terms of Service as an employee or consultant, or otherwise on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service. If you do not have such authority, or if you do not agree to any of these terms, then you are not permitted to use the Services.
Changes to These Terms of Service
1.3 We may change the terms and conditions of these Terms of Service from time to time with or without notice to you. In any event, you will be required to affirmatively accept any revised Terms of Service prior to next logging-in to your account.
Our web site offers tools that facilitate the development and publishing of hyper casual games. We offer a number of service packages, each with their own terms. The details of your Subscription package will be provided to you on sign up.
2.1 Where you have signed up to use our free trial services (a Trial Subscriber), these terms apply to you and will continue to apply to you if you later enter into a development and publishing agreement with us. Whilst most functionality will be made available to you as a Trial Subscriber there will be certain limitations to your use of our Services.
2.2 As a Trial Subscriber, access to our Services is made available to you for 30 days without charge (the “Trial Period”). If you do not submit a game to our Services during the Trial Period, your access to our Services will automatically terminate at the end of the Trial Period.
You may cancel your Trial Subscription at any time during the Trial Period by emailing us at firstname.lastname@example.org and the cancellation will take effect within twenty-four (24) hours.
Submitting a Game to us during the Trial Period
2.3 If you submit a game to us during your Trial Period (a “Game”), after the Trial Period ends we will undertake our own assessment of the game, its features and functionality and carry out marketability testing (including running campaigns on our partner platforms (i.e. Facebook) to establish whether it meets our qualifying criteria for publishing.
A successful submission
2.4 In the event that such testing is successful, at our discretion, we will contact you to discuss commercial opportunities and entering into a potential development publishing agreement with you. This agreement shall continue to apply to your use of our Services during the term of any publishing agreement with us and your access to our Services shall be under a Publisher Subscription. The term “Subscription” as used in these terms of service shall include reference to either a “Trial Subscription” or “Publisher Subscription”.
What happens if we decide not to accept your Game to our platform
2.5 In the event that following the submission of a game to our Services, we decide not to enter into any further negotiations with you, we will return any content you have provided to us.
Our right to publish games and content similar to content you submit to our platform
2.6 In providing our Services, we review and assess a wide range of games and gaming content. The nature of hyper casual games and games generally means that there are often repeating and common themes, gameplay and functionality. Whilst we will always respect your intellectual property rights in any content you submit to our Services, you acknowledge and agree that other than in the case of direct copyright infringement of a substantial part of your Game (which is capable of qualifying as original content), our publishing of any independently developed Game (i.e. created without direct reference to your IPR) with gameplay or functionality which is identical, materially similar or similar to any Game you submit to our Services will not be deemed to be an infringement or breach of confidentiality.
We will, as part of your Subscription, whether a Trial Subscription or as a Publisher Subscription, provide You with our standard customer support services as detailed in your Subscription. We may amend our support services at its discretion from time to time.
Trial Subscription Support.
Support for Trial Subscription users is limited to e-mail/online support only. Access to all of our online resources and FAQs is provided to all users.
Publisher Subscription Support.
Full access to all of our online resources and FAQs is provided to all Publisher Subscription users. Publisher Subscription users also have access to telephone support. We reserve the right to charge for any support requests or assistance requested which are out of hours or outside the scope of our published support services.
Your responsibility to understand our Services and your use of them.
You acknowledge and agree that whilst our Services are designed for ease of use, it is Your responsibility to ensure that any individuals involved in accessing the Services are appropriately trained in the use of any applicable technology and understand and are familiar with the Services and any training materials or Documentation made available to you relating to them. You are solely responsible for ensuring that all users of the Services are appropriately trained in its use. We shall have no responsibility to provide support if support issues are deemed to be the result of misuse or lack of appropriate training by You in the use of Services.
Your profile details are compiled from the information you submit when you first start using our services or any new service we offer.
4.1 You agree to ensure that the details provided by you on our Services are kept updated are true, accurate, current and complete and you warrant that you have not misrepresented yourself in any way.
Your User Account
4.2 If you would like to use the Services, you will need to register as a user by creating an account. During the registration process, you will have to provide your name, company name, email address, and any other information requested during the registration process. You will also have to create a username and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.
4.3 It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account, whether or not you know about them.
Use of Personal Data
5.1 Subject to the terms and conditions of these Terms of Service, you are granted a non-exclusive, non-transferable license to access and use the Services during the term of your Subscription solely for the purpose of using our Services and working with Correlate and not any third party.
5.2 You will not (and will not permit any third party to):
(i) share a login (a login may only be used by a single person);
(ii) register of create accounts for “bots” or other automated uses;
(iii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Services;
(iv) copy, modify, adapt or translate the Services, or otherwise make any use, resell, exploit, distribute or sublicense the Services other than to the extent permitted here;
(v) make the Services available on a “service bureau” basis or allow any third parties to use the Services, other than your employees acting on your behalf, without Correlate Platform’s prior written consent;
(vi) remove or modify any proprietary marking or restrictive legends placed on the Services;
(vii) introduce into the Services any virus, worm, “black door,” Trojan Horse, or similar harmful code; or
(viii) use the Services in violation of any applicable law or regulation. If you violate this section, we reserve t he right in our sole discretion to immediately deny you access to the Services, or any portion of thereof, without notice.
5.3 You may not access all or any part of the Services in order to build a product or service which competes with the Services.
Whenever you make use of a feature that allows you to upload content to our Services, you must comply with the content standards set out in this agreement (or as otherwise provided to you by us). Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a non-exclusive licence to use, store, edit, reproduce, modify and copy that content and to distribute and make it available to third parties. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
By accessing and/or using the Services, you hereby agree that: You will not use the Services for any unlawful purpose; You will not “stalk” or otherwise harass another user of the Services or any other person; You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, or files related to the Services through hacking, password or data mining, or any other means. We have the right to remove any content you make available through the Services, without liability, if, in our opinion, that content does not comply with the standards set by us. We my suspend or terminate our agreement with you or any access to the Services, without liability, if in our opinion You are not complying with the spirit of this agreement or operate in a way which fails to uphold the highest standards of customer care. Ensuring that your use of our Services meets any required standards. You must:
(i) ensure that any content uploaded by You and all activities You carry out through the Services and any subsequent agreement with any users of your services complies with all applicable local legislation (including any consumer specific legislation) relevant to You and Your business and complies with the highest levels of standards and care;
(ii) ensure that any content uploaded by You to the Services is true, accurate, current and complete and ensure that you maintain and promptly update this information if it changes;
(iii) not use the Services or our other services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
(iv) not infringe our intellectual property rights or those of any third party in relation to Your use of the Services;
(v) not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
Third Party Web Sites and Services
You acknowledge and agree that Correlate Platform will access and download the data you store
(i) in your user account (“User Stored Data”); and
(ii) on a third party service to which you facilitate Correlate Platform’s access via application programming interface (API) or other means (“Third Party Stored Data”), all subject to such third party’s terms of service governing this data, if applicable. User Stored Data and Third Party Stored Data shall be collectively referred to herein as “User Data.” You retain all copyrights and other intellectual property rights in and to your User Data. However, you hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Data as reasonably necessary for us to provide the Services. You grant to us a non-exclusive, perpetual, irrevocable, royalty free licence to use any data generated from Your use of the Services (“Service Data”) and any Data (provided that such data is anonymised) for the purpose of: (a) statistical analysis and monitoring, querying and analyzing such data for the purpose of providing the Services and improving the quality of services we provide to our customers; (b) exercising our rights and fulfilling our other obligations under this Agreement; (c) complying with any applicable governmental or regulatory requirements; and/or (d) any other commercial purpose.
As between Correlate Platform and you, Correlate Platform shall own all right, title, and interest in and to
(i) the Services including, without limitation, all source code, object code, operating instructions, and interfaces developed for or relating to the same;
(ii) all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works of the foregoing, and all intellectual property rights therein; and
(iii) any other materials available on the Site and/or the Services that are provided by or on behalf of Correlate Platform and all intellectual property rights therein (collectively, the “Correlate Platform Intellectual Property”). Except as expressly permitted in these Terms of Service, you have no rights in or to the Correlate Platform Intellectual Property.
Each party shall protect and preserve the Confidential Information (as defined below) of the other party as confidential, using no less care than that with which it protects and preserves its own highly confidential and proprietary information (but in no event less than a reasonable degree of care), and shall not use the Confidential Information for any purpose except as necessary to perform its obligations hereunder or as otherwise permitted hereunder. The receiving party may disclose, distribute or disseminate the other party’s Confidential Information to any of its officers, directors, members, managers, partners, employees, or agents provided that the receiving party reasonably believes that those individuals have a need to know and such individuals are bound by confidentiality obligations at least as restrictive as those contained herein. Except as expressly set forth herein, the receiving party shall not disclose, distribute or disseminate the other party’s Confidential Information to any third party without the prior written consent of such other party. In the event the receiving party becomes or may become legally compelled to disclose any of the other party’s Confidential Information (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or other process or otherwise), the receiving party shall provide the other party with prompt prior written notice of such requirement so that such other party may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Section. For purposes of these Terms of Service, Correlate Platform’s Confidential Information means the Services and all code, components and other information and materials related thereto, and, your Confidential Information means your User Data.
8.1 THE SITE, THE SERVICES AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAY USE THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO PROVIDE YOU WITH THE SERVICES. NONE OF CODA PLATFORM, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CODA PLATFORM PARTIES”) WARRANT THAT ANY OF THE SITE, THE SERVICES AND ANY CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE CODA PLATFORM PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
Nothing in this Agreement excludes the liability of either party: (a) for death or personal injury caused by Correlate’s negligence; or, (b) for fraud or fraudulent misrepresentation. Subject to clause 8.2: (a) to the maximum extent permitted by law, Correlate shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect, punitive, exemplary or consequential loss, costs, damages, charges or expenses however arising under or relating to this agreement, even if Correlate has been advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.; and (b) Correlate’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total amount of Fees paid by You to Correlate during the month immediately preceding the date on which the claim arose. As the Fees for the service properly reflect the delineation of risk between the parties, each party agrees to ensure that it will be responsible for making its own arrangements for the insurance of any loss in excess of its accepted legal liability as necessary. Under no circumstances shall Correlate be responsible or liable for any harm caused by the transmission, through the Services, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of any of Your software, hardware, data or property.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE CODA PLATFORM PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You shall defend, indemnify and hold harmless Correlate against claims, actions, liabilities, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with:
(i) Your or any User’s use of the Services and/or Documentation; or
(ii) your breach of these Terms of Service or your access to, use, or misuse of the Site or the Services any User Data provided through your account and your violation of any third-party right, including without limitation any intellectual property, or privacy right.
(iii) Your collection, use, processing and/or transfer of any Data, Service Data or other personal data; or (iii) any claim of any of any kind including legal fees arising from any claim, demand or action alleging that any use you make of the Services is contrary to any law, code or regulation in any country.
9.1 Correlate may suspend Services without liability if:
(a) Correlate reasonably believes that the Services are being used in breach of the Agreement and You do not remedy the failure within fourteen days of Correlate’s written notice to You describing the breach;
(b) You don’t co-operate with Correlate’s reasonable investigation of any suspected violation of the Agreement;
(c) there is an attack on the Services or the Services are accessed by or manipulated by a third party without Correlate’s consent;
(d) Correlate is required by law to suspend the Services or Your access to the Services; or
(e) there is another event for which Correlate reasonably believe that suspension of the Services is necessary to protect its or any other party’s network, system, the Services or other customers. Correlate will use reasonable endeavours to give You advance notice of a suspension under this Clause 9, unless Correlate determines in its reasonable commercial judgement that an immediate suspension is necessary to protect Correlate or its customers from imminent and significant operational or security risk. For the avoidance of doubt, any suspension of Services, unless caused directly by Correlate, shall not suspend Your obligation to pay any Fees.
(a) Term. These Terms of Service shall be effective from the time you click “I Agree” and shall continue until terminated by either party as set forth herein (“Term”).
(b) Termination. We may terminate these Terms of Service, without penalty or liability, at any time, for any or no reason, upon thirty (30) days written notice to you. We may terminate and/or suspend your registration or your use of the Services immediately if you violate the terms and conditions of these Terms of Service. Any termination or the expiry of any development or publishing agreement will you will result in the automatic termination of this agreement.
(c) Effect of Termination. Upon termination of these Terms of Service or Subscription: (i) all rights and licenses granted hereunder will immediately cease; (ii) you will immediately cease all use and access of the Services; (iii) you will have fifteen (15) days to retrieve your User Data; and (iv) you shall immediately pay Correlate Platform all fees dues until the date of termination. YOU AGREE THAT CORRELATE PLATFORM WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS OF SERVICE.
If you believe our Services contain any content that infringes your copyright, please contact us, with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. To contact our Copyright Agent by regular mail, please write to Copyright Agent.
12.1 If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
12.2 You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms without restriction. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
12.3 Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
12.4 Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
12.5 This section, the section entitled Correlate Platform Intellectual Property, Indemnification, Correlate Platform Disclaimers and Limitation of Liability and Effect of Termination shall survive the termination of these Terms of Service. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service.
12.6 These Terms are governed by Norwegian law and you can bring legal proceedings in respect of the Services in the Norwegian courts. Contact Us If you have any questions about these Terms, please email: email@example.com