1.1 The Developer Contract Developer Center (hereinafter referred as “this Contract”) applies to all Developers who publish the games in the Snail Store, thus becoming Publishers in the Snail Store. Once the Publisher agrees to accept this Contract, it becomes a legal binding contract between the Publisher and Snail Game, and hereafter the Publisher cannot submit any objections against the terms and conditions hereof. All actions, such as the Publisher ‘s registration to the Snail Store, or provision, upload, download, redistribution of its Publisher’s Products, will be subject to the terms of this Contract. If the Publisher does not agree with any of the terms of this agreement, the Publisher cannot publish or distribute any Products in the Snail Store.
1.2 Once the Publisher accepts the terms, he or she must ensure that he or she is of legal age and in full control of that capacity. If the Publisher is a company, organization or other legal entity, such Publisher must ensure that the company or organization is an existing and effective legal entity duly organized and exiting under the laws of the Publisher’s domicile. The Publisher should represent and warrant that it has obtained fully power and authorization to join such snail store on behalf of the Publisher’s company or organization If the Publisher’s Product includes any open source software, the Publisher shall guarantee to comply with all license terms applicable for open source software.
2.1 “The Publisher” shall mean any party that publishes software in the Snail Store upon effective application to, and correspondent review and approval by Snail game, including any legal person, other organizations or individual.
2.2 The Snail Store is a mobile game publishing platform which is owned and operated by Snail Game.
2.3 “Product” shall mean any information or material published or updated in the Snail Store, and upon which the Publisher has a legitimate right, after it successfully registers the publisher account, to distribute or update any information or content, which includes but is not limited to services, applications, data, files, software, music, sounds, pictures, images, audio/video information, questions, responses, suggestions, opinions, implied information, strategies, concepts, designs, thoughts and plans. “Game” is a Product which utilizes interactive features to entertain the User.
2.4 “User” shall mean any and all users directly or indirectly using such product as published or updated to the Snail Store platform by the Publisher.
3. Payment Calculation and revenue distribution
3.1 Snail Game shall, provide to the Publisher, free of charge, its platform and service as stipulated hereunder. But nothing contained herein shall ever eliminate the possibility in the future, for snail game to charge for such services as mentioned above and any other new service, or to share the publisher’s revenue. Actual payment amount, rate, and specific revenue sharing modes will be stipulated in an updated agreement version hereof or complimentary agreement accordingly.
3.2 Upon Publication of any updated agreement version as mentioned in the preceding paragraph, the Publisher’s continuing use of Snail Store and correspondent service shall be deemed as acceptance of such updated agreement version; Moreover, The Publisher shall , have rights to cease its use of Snail Store and correspondent services if not agree with such updated contract version, provided that any and all actions taken by the Publisher regarding its use of Snail Store before such cease determination should be subject to the terms and conditions hereof.
4. Intellectual property Rights and Proprietary rights
4.1 All intellectual property rights and proprietary rights regarding the Publisher’s Product shall belong to the Publisher or those holding the correspondent legal rights.. Should the Product infringe upon the intellectual property rights of a third party, it is the sole responsibility of the Publisher to acquire legal authorization or license from those rights-holders prior to submitting the Product to the Snail Store. While a Product is under examination and approval by the Snail Store for uploading and publishes, it is presumed that the Publisher has obtained full legal rights regarding the Product. If any infringement occurs or might occur to the product published by the publisher, the Snail Store shall remove such Product upon receipt of notification or with considerable judgment.
4.2 All rights of intellectual property pertaining to any text, images, sounds, videos, trademarks and other information and materials are owned by snail games, or Snail has acquired such rights by legal authorization. Unless otherwise approved by snail game or other right holder, none of such information or material as mentioned above shall be published, or broadcasted, through any media directly or indirectly, or be revised or re-published for broadcast or release purpose, or be used for any other commercial purpose.
4.3 All rights of application program used by snail store for provision of platform service (including but not limited to any and all images, pictures, animated graphics, sounds, music, text and add-in program, other supplemental supporting materials contained therein) should be owned by snail game or the software copyright holder, and should not be used by the publisher without consent of such right holder.
4.4 The Publisher holds full ownership of any product it uploads to the snail store. The publisher hereby grants to Snail Game at non-exclusive, global, irrevocable and free-of-charge license to enable snail game to utilize, duplicate, publicly demonstrate and transfer its product. . Moreover, the Publisher further grants to Snail Game and its consultant, supplier and contractor, the right to use its Product, or its brands, to market and promote the Product. But nothing contained herein shall be deemed as authorization to the Publisher to use any logos, and trademarks owned by or legally licensed to Snail Game.
4.5 The Publisher hereby authorizes the user to use its published product through the snail store, on a global, long-term and non-exclusive basis. In case any other agreement ever established by and between the Publisher and the user regarding such use of the Product, correspondent terms and conditions of such agreement should be subject to. Any disputes arising out of such use shall be resolved pursuant to the above-mentioned agreement, and shall have nothing to do with Snail Game.
5. Publisher’s rights and obligations
5.1 The Publisher shall have rights to publish its Product in the Snail Store platform, and use various functions and services as provided by the Snail Store, including data statistics, system compatibility test. Unless otherwise approved by the Snail Game in written form, the Publisher shall under no circumstances charge the user for any of its published products.
5.2 The Publisher further warrants hereby, all information provided to snail game, including but not limited to its name (title), address, email etc. should be authentic, legal, accurate and complete. In case any change ever occurs to such information, the Publisher must provide Snail Game with updated information within three working days. Should Snail Game discover any false, illegal or inaccurate information regarding the Publisher, Snail Games shall have the right to immediately discontinue or otherwise terminate the provision of all services to the Publisher hereunder.
5.3 The Publisher hereby agrees: All the products provided by the publisher shall be submitted to Snail Game for review and approval, before final publish in the Snail Game. Once the Product is published, Snail Game retains the right to continue such review, or make double check or multiple examination. Moreover, Among such procedure of review and examination as mentioned above, Snail Game shall have perfect right to determine at its own discretion, whether to agree with or cease the publish thereof, including refusing such publish without notification to the Publisher., or to delete, block any published application. Moreover, in case the publisher fails to upload any updated content of such published product, Snail Game may search for such update through any other channel and publish to the snail store accordingly.
5.4 The Publisher shall warrant and guarantee that the Product is not in violation of any applicable law or legal regulation, does not contain any pornographic, political or other illegal information, or any hidden content that may steal or destroy user’s data and system. In case the publisher fails to abide by such proceeding warrants, any and all liability as result thereof shall be borne solely by the publisher.
5.5 The Publisher warrants and guarantees hereby, that the Product does not contain any obvious flaw or defect timely update and maintenance will be made to the published Product to ensure stable operation. Furthermore, The Publisher shall also be responsible for customer service, operation and technical maintenance for its Product, and take sole responsibility to solve any disputes arising out of such product and services provided to the user.
5.6 The Publisher warrants and guarantees hereby, not to encroach on the user’s privacy and data security. Unless otherwise explicitly approved by the user, The Product shall under no circumstances, through whatever means or method, collect any user information or use such information for other illegal purpose. The Publisher further agrees to be fully responsible for definite confidentiality and keeping obligation regarding user’s personal information. Without user’s prior written consent, the Publisher should not use such information for any purpose other than those stipulated in this article, or otherwise disclose, notify, deliver the same to any other third party.
5.7 The Publisher should not interfere with normal operation of any part or any function of the Snail Store or the Snail website, or conduct any competition behavior against the same.
6. Snail Game’s rights and obligations
6.1 Snail Game shall be solely responsible for the establishment and maintenance of the Snail Store platform, and provide necessary marketing advertisement and promotion to the product published t in such Snail Store platform.
6.2 Snail Game shall have rights to duplicate, disseminate and promote, or otherwise authorize the user to download and use any Product as published by the publisher in the Snail Store, provided that the original copyright mark or information is retained. Snail Game shall have rights, to adjust the position of or otherwise delete such published product at its own discretion, Upon the expressed consent of the Publisher, Snail Game may revise, edit or otherwise sub-license such Product to a third party.
6.3 Upon occurrence of the following circumstances, Snail Game shall not be responsible for any and all damages or losses as a result thereof, including but not limited to losses or damages in property, income, digital data or other intangible assets:
(a) System malfunction, preventing normal store operation, cause by typhoon, earthquake, tsunami, flooding, power outage, warfare, act of terrorism or any other instance of force majeure;
(b) Interruption or delay of platform service as a result of malicious hacker attack, technical adjustment or malfunction of telecommunication service in use, system maintenance, or other causes;
(c) An interruption, delay or termination of store service as ordered or stipulated by the government, law enforcement agency, change in laws and regulations, or a court rules.
6.4 Should any of the following situations occur, Snail Game holds the right to make reasonable judgment and take appropriate action at its own discretion pursuant to common knowledge, including but not limited to deletion of Product information, suspension or termination of total or partial service to the Publishers and Users:
(1) Infringement or potential infringement to intellectual property rights or other rights of any other third parties;
(2) Violation of laws and legal regulations;
(3) Containing pornographic content or other contents might be deemed as offensive to the general public;
(4) Improper sale and distribution;
(5) Containing viruses, or being identified as malware or spyware. If the Publisher cannot remove a Product due to the presence of defect or identification of malicious software, Snail Game shall have right to collect from the Publisher any costs or fees incurred by the removal of such defective or malicious software.
6.5 Snail Game reserves the right to alter or terminate its Snail Store platform service at any time, and shall under no circumstances take any responsibility towards the Publisher for its exercise of such rights. Snail Game may send notification to the publisher and user, via website announcement, email, telephone or a written notice, etc. Such notification shall be deemed as received at the time of delivery.
6.6 A review of Product conducted by Snail Game shall under no circumstances be implied as confirmation of compliance with law and regulation, or the existence of intellectual property rights infringement. Neither the publisher nor the user shall ever ask Snail Game to take any responsibility or obligation due to such review procedure.
7. Applicable laws and jurisdictions
The terms of this Contract, with all its interpretation and arbitration thereof, will be governed by and construed in accordance with the laws of the State of California. In the event of any action of proceeding arising out of or connected with this agreement, jurisdiction and venue shall be in either the Superior Court of the State of California County of Los Angeles, Central District or the United States District Court of the Central District of California, as appropriate under the existing law. In the event of a dispute between the parties, the prevailing party shall be entitled to recover its reasonable attorney’s fees.
See 6.3, 6.5 and 6.6 above. Snail Game bears no legal responsibility of any kind for the actions of the Publisher, or for the result of the Product review as conducted by Snail Game. Snail Game is exempt from such responsibilities as the qualifications, assurances and legal obligations of the Publisher. Snail Game is not liable for any direct, indirect, accidental, extraordinary or significant loss of income or disruption of business operation, as attributed to either the use or lack of use of Snail Store services.
Snail Game reserves the right to from time to time, amend the terms hereof. In case of such amendments, snail game will set up amendment reminder on correspondent page. The publisher may, if not agree with such amendment to the service clause by snail game, cease its use of or access to the snail store website, or cancel all rendered Snail Store services Publisher’s continue use of Snail Store services, will be deemed as acceptance of any and all amended terms of this Contract.