Terms of Use

Welcome to Xsolla. By using Xsolla Publisher Account (the “Publisher Account”) you («Client» or «You») agree to be bound by the rules set forth in this Terms and Conditions (hereinafter “T&C”), which constitute a binding legal agreement between You and Xsolla.

1. SUBJECT

1.1. Xsolla provides non-exclusive license to use the Publisher Account and performs related services. Xsolla is the sole owner of a right of the Publisher Account website, associated Xsolla Products and its elements (code, design, databases, know-how, and so on). A non-exclusive license is limited by "right to use", and none of the provisions of these T&C shall not give Client an exclusive right to the Publisher Account and associated Xsolla Products. A non-exclusive license is granted for the period of effect of the T&C in the territory of the whole world.

1.2. Publisher Account is an easy-to-use interface that provides you with the necessary tools and materials to manage your projects efficiently.

1.3. Publisher Account gives you access to Xsolla Products, which include Pay Station, Store, Partner Network, Login, Launcher and Site Builder. Documentation for each Product can be found on https://developers.xsolla.com/.

1.4. As a part of functionality of the Publisher Account, we provide you with supporting e-mails aimed to assist you in project management. Such e-mails contain useful information such as statistics and the information on the steps you should take to proceed with your project.

1.5. Client shall use the Publisher Account and associated Xsolla Products strictly in accordance with this Terms and Conditions, so please read them carefully.

IF YOU DO NOT AGREE WITH THIS TERMS AND CONDITIONS, YOU MUST IMMEDIATELY LEAVE XSOLLA WEBSITE AND NOT USE THE PUBLISHER ACCOUNT.

2. GENERAL PROVISIONS

2.1. Client shall register on https://publisher.xsolla.com/signup in order to use the Publisher Account and associated Xsolla Products.

2.2. After registration Client shall receive unique account and access to personal account (“Client Account”).

2.3. All actions performed in personal account shall be considered as actions performed by Client himself.

2.4. Upon entering of these T&C, Client represents that he is of the legal age of license in his state, province, or jurisdiction of residence.

3. CONDITIONS OF USE

3.1. The Publisher Account is integrated with the different third party services including analytical service, payment service, distribution service (“Third Party Services”). The Publisher Account provides only access to Third Party Services. All issues connected to Third Party Services use shall be regulated by Third Party Services documents and shall be solved between such Third Party service owner and Client independently.

3.2. The Publisher Account and associated Xsolla Products are provided as they are.

3.3. Client takes on all risks connected with the use of Publisher Account and associated Xsolla Products.

3.4. You confirm You own all rights in and to any content uploaded, created, provided, imported, copied, integrated by You within your Client Account (the “Client Content”) while using any of Xsolla Products, including but not limited to any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, game keys, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Client Content, as necessary to legally access to, import, copy, use, publish, transfer or license such Client Content, by you and us or any of our affiliates.

3.5. The Client Content shall be (and will continue to be) true, current, accurate, valid, harmless, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which You or Your Client Website’s visitors and users (“End Users”) reside, or for Xsolla and/or your End Users to access, redeem, import, copy, upload, use or possess in connection with the Xsolla Products.

3.6. By uploading the Client Content to the Publisher Account, You grant Xsolla the right to store and process this Client Content in order to execute these T&C, including ensuring that the Publisher Account continues to provide its services without interruptions etc.

3.7. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Client Content, and you will adhere to all laws applicable thereto.

3.8. Client agrees and undertakes that Client Content does not contain information or suggestions concerning adoption agencies services; selling real-world exotic animals; betting, gambling, casinos, bingo or similar to gambling; selling databases; selling real-world alcoholic beverages, tobacco or cigarettes; currency exchange / Forex / purchase and sale of securities; pawn shops; adult chat sites, pornographic content, escorts or links that lead to such websites; selling electronic cigarettes; investment clubs, the sale of shares, stocks, put options and other investments; gold investments, capitalization certificates (investments with rewards); concealing and laundering assets of criminal origin; pyramid schemes; handling and transport of organic, hospital or hazardous waste; selling prescription medications; electronic wallet and/or credit charges for e-wallets, prepaid cards – virtual currency; esoteric, psychic services; people and organizations that support terrorism; loans; production, sale or trafficking of real-world weapons or munitions; selling real-world replicas or imitations of products; sex shops and erotic items; advance payment systems (Partial Payments) services, vehicle payment plans; on-line auctions; selling prepaid phone cards, VoIP, text messaging; selling objects and services which promote racism and discrimination; organ trafficking; invasive cosmetic procedures; sale of real-world precious stones / high-value fine jewelry; sale of hallucinogenic substances and illegal drugs; network marketing, benefits from admittance of new members; zoophilia / child pornography.

THE CLIENT IS SOLELY RESPONSIBLE FOR THE CONTENT UPLOADED ON AND/OR WITHIN THE PUBLISHER ACCOUNT. IN THE EVENT OF ANY DISPUTES, CLAIMS, VIOLATIONS OF THE RIGHTS OF THIRD PARTIES ARISING IN CONNECTION WITH POSTED CONTENT, THE CLIENT IS THE PARTY TO THE DISPUTE AND BEARS FULL RESPONSIBILITY FOR ITS OUTCOME, INCLUDING WITH REGARD TO DAMAGES AND COMPENSATION.

3.9. Xsolla shall not be liable for: a) impossibility to use the Publisher Account and associated Xsolla Products for reasons beyond the control of Xsolla, b) any activities and/or inactivities of service providers, services, networks, software or equipment; c) distortion, adjustment, loss of the Client Content; d) unauthorized use and/or misuse of login and password of Client by third parties.

3.10. SPECIAL CONDITIONS OF USE OF XSOLLA LAUNCHER. Xsolla Launcher consists of a set of software, including binaries, console tools, sample code, configuration files, Chromium Embedded Framework libraries (CEF Libraries), sample scripts, uniform resource locators (URLs) and application programming interfaces (APIs), together the “Xsolla Launcher Software”. (i) Client may, within the scope of Xsolla launcher documentation: incorporate other Client technology and/or third party code that utilizes one or more API functions for the purpose of enhancing or extending functionality of Xsolla Launcher Software, as long as Client does not combine, distribute, or otherwise use Xsolla Launcher Software or APIs with any code or other content which is covered by a license that would directly or indirectly require that all or part of Xsolla Launcher Software be governed under any terms other than those of the Agreement (“Non-Compatible License”). Code or content under the following licenses, for example, are prohibited: GNU General Public License (GPL), Lesser GPL (LGPL) (unless you are merely dynamically linking a shared library), or Creative Commons Attribution ShareAlike License. Code or content under the following license, for example, are allowed: BSD License, MIT License, Microsoft Public License, or Apache License. The Client shall bear all the risks of using Xsolla Launcher Software outside of Xsolla Documentation. (ii) Operating Restrictions. Without prior written consent from Xsolla, (1) Xsolla Launcher Software may only be run on computer equipment owned and operated by Client. (2) Xsolla Launcher Software may only be configured to make repository HTTP requests from servers operated by a third-party vendor if that vendor is a member of Xsolla’s partner ecosystem. (iii) Other Restrictions. Without limiting the license restrictions set out elsewhere in the Agreement, Client may not use or exploit Xsolla Launcher Software or any portion thereof to develop, maintain, participate in the development of, or support any competing software or solution. (iv) Code Signing. Client is responsible for code signing Launcher projects. Client is solely responsible for the purchase, renewal, security and proper configuration of the code signing certificate used with the Xsolla Launcher Software. Xsolla supports only SHA-256 certificates from the following certificate authorities: Thawte, Verisign/Symantec, Comodo and Digicert. Client DLLs. Client may include in Xsolla Launcher Software custom code libraries (“Client DLLs”) for the purpose of achieving interoperability between the Xsolla Launcher Software and Client Content and/or Client Technology. Client DLLs may only be included as dynamically linked libraries (“DLLs”) that interact via the Interop API. Client is solely responsible for performance, interoperability with the Xsolla launcher Interop API and maintenance of any Client DLLs.

4. FORBIDDEN ACTIONS

4.1. Client has no right to, while using Xsolla Site Builder a) duplicate and/or distribute the Client website-exported software code; b) use the exported Client website software code to create the Client website and/or Client website changes beyond Publisher Account; c) make changes to the Client website software code beyond the Publisher Account; d) publish the exported Client website software code under domain names different than those specified in personal account of Client.

4.2. It is prohibited to (1) copy, modify or cause to be modified, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile, recompile or disassemble Xsolla website, Xsolla Software or any content offered within the Publisher account and associated Xsolla Products by Xsolla or Third Party Services and/or any part thereof (“Licensed Content”) for use and display in any way, (2) attempt in any other manner to derive source code or other trade secrets from Xsolla not explicitly provided to Client by Xsolla; or (3) or publicly display, perform, transmit or distribute any of the foregoing without Xsolla’s prior written and specific consent and/or as expressly permitted under these T&C.

4.3. You agree and undertake not to a) submit, transmit or display any Client Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Xsolla or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval; b) use any illegal action to collect login data and/or passwords for other websites, third parties, software or services; c) phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable; d) act in a manner which might be perceived as damaging to Xsolla’s reputation and goodwill or which may bring Xsolla into disrepute or harm; e) use the Client Content, Xsolla Products, Licensed content and/or the Publisher Account in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.

YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO ABIDE BY ANY OF THE FOREGOING OR ANY MISREPRESENTATION MADE BY YOU HEREIN MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND/OR ANY SERVICES PROVIDED TO YOU – WITH OR WITHOUT FURTHER NOTICE TO YOU.

5. PRIVACY

5.1. The Publisher Account shall process personal data of Client for the purpose of execution of the T&C in accordance with applicable law in the field of personal data protection.

5.2. The policy in the field of processing and protection of personal data, situated in https://xsolla.com/privacypolicy, determines the order of processing and protection of personal data.

5.3. In case Client performs processing of third parties’ personal data, Client is solely responsible for compliance with the appropriate measures for protection of personal data in accordance with applicable law in the field of personal data protection.

5.4. You may always reconfigure the services provided to you as a part of the Publisher Account by deactivation of the supporting emails referred to in Clause 1.4 hereof. To deactivate them, please submit a notification to: support@xsolla.com.

6. DISCLAIMER OF WARRANTIES

In no circumstances may Xsolla be considered as a “publisher” of any Client Content, does not in any way endorse any Client Content, and assumes no liability for any Client Content uploaded, posted, published and/or made available by any Client or any other party on and/or through the Publisher Account, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any Client Content. Furthermore, Xsolla shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing Client Content you or any other party may encounter.

7. LIMITATION OF LIABILITY

To the fullest extent permitted by law in each applicable jurisdiction, Xsolla, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to You for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from a) errors, mistakes, or inaccuracies of or in any content; b) any personal injury or property damage related to your use of the Publisher Account; c) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; d) events beyond the reasonable control of Xsolla, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or e) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Xsolla Products.

8. INDEMNITY

Client shall indemnify, defend, and hold harmless Xsolla, its affiliates, and its and their respective employees, officers, directors, and agents from and against all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including reasonable attorneys’ fees) that arise from a third party’s claim arising out of or on account of or resulting from: a) Your violation of any term of these T&C; b) Your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your Client Website or Client Content and/or Your use of the Publisher Account; and/or c) any other type of claim that Your Client Website and/or Client Content caused damage to a third party.

9. MISCELLANEOUS

A. Governing Law

These T&C and its interpretation, and any disputes that arise hereunder, shall be governed in all respects by the laws of State of California, USA, without giving effect to any principles that may provide for the application of the law of another jurisdiction. The U. N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.

B. Disputes

Most Client concerns can be resolved by use of our Xsolla support site at https://help.xsolla.com/. If we are unable to resolve Your concerns and a dispute remains between You and Xsolla, this section explains how we agree to resolve it.

Any dispute arising out of or in connection with the T&C, including any question regarding its existence, validity, or termination shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California.

Judgment on the arbitral award may be entered in any court having jurisdiction thereof. THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.

C. Term And Termination

This T&C is effective until terminated. You may terminate these T&C at any time upon notice to Xsolla. Xsolla has the right at any time, for any reason or no reason to terminate these T&C without any further liability to you. Upon termination of these T&C, Clause 1.1, Sections 2, 5-8, 9 A and 10 C will survive.

D. Amendment

Xsolla may occasionally change terms and conditions of these T&C, so Xsolla encourages You to review the T&C periodically. If You don’t agree to the amendments or to any of the terms in these T&C, Your only remedy is to stop using the Publisher Account.

E. Notices

Xsolla may give notice to You by means of a general notice through Your personal account, electronic mail to Your e-mail address in our records, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record, provided Xsolla has your physical address. All legal notices given by You or required under this Agreement shall be mailed to: Xsolla (USA) Inc., 15260 Ventura blvd, Suite 2230, Sherman oaks, CA 91403, USA

F. Severability

Except as otherwise expressly set forth in these T&C, in the event that any provision of these T&C shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these T&C shall remain in full force and effect. These T&C, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these T&C is not intended to confer and does not confer any rights or remedies upon any person other than the parties to these T&C.

G. Enforcement

Xsolla’s obligations are subject to existing laws and legal process and Xsolla may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

H. Compliance

You agree to comply with all applicable import/export laws and regulations. You agree not to allow use of Your Client Website by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted by the European authorities. You represent and warrant that You are not located in, under the control of, or a national or resident of any such prohibited country.

I. Other Agreements

In case of any discrepancies between this Agreement and Licensing Agreement made between You and Xsolla regarding Xsolla Products and services, Licensing Agreement shall prevail.

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