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FAILBETTER GAMES

StoryNexus Terms of Service
Last updated: 21st August 2012

 

Background

1.    We're Failbetter Games Limited ("FBG") – we built StoryNexus, a storygame creation platform.  This document is our "Terms of Service": a legal agreement between us and you explaining how you can use StoryNexus (which includes the platform itself, its database, website and other channels and technologies through which StoryNexus content may be created or played) and what our relationship with you will be regarding it.

 

What is StoryNexus?

2.    StoryNexus is a software platform which you can use to create story-games: a collection of interactive content (which we refer to as "StoryNexus Worlds") which you can make available for other StoryNexus users to play.

3.    If you create StoryNexus Worlds or submit interactive content material to a StoryNexus World (which we'll call together "StoryNexus Content") then we'll refer to you as a "Creator" in these Terms.  If you just play StoryNexus Content then we'll refer to you as a "Player" in these Terms. (You may be both a Creator and a Player at different times.)

4.    In order to use StoryNexus (whether as a Creator or Player) you will need to sign up to a StoryNexus account, as part of which you will be required to agree to these Terms of Service and our Privacy Policy.

 

Licence stuff

5.    In return for your acceptance of these Terms, we give you the personal right (known as a 'licence') to use StoryNexus and all the content and tools in it for the purpose of playing and creating content in StoryNexus.  We can terminate this licence in certain circumstances, which are explained further below.  This licence is 'non-exclusive', meaning that we can grant similar licences to other people as well.  It is also 'non-transferable', meaning it cannot be given to anyone else.

 

Creating content in StoryNexus

6.    As we said above, with StoryNexus you can create StoryNexus Content.  You own your own submitted StoryNexus Content – you created it, so we want you to have it.  However, so that we can make the StoryNexus Content available via StoryNexus, we need you to give (and you agree that you do give):

  • a.    To FBG: a worldwide, non-exclusive, royalty-free, non-transferable licence to use, reproduce, distribute, display, and perform the StoryNexus Content in connection with StoryNexus and through any other communications methods or platforms (for example, via the web, downloadable clients, mobile platforms, and otherwise); and
  • b.    To each StoryNexus user: a worldwide, royalty-free, non-exclusive licence to access your StoryNexus Content through StoryNexus and through any other communications methods or platforms (for example, via the web, downloadable clients, mobile platforms, and otherwise).

7.    You may remove or withdraw your StoryNexus Content from the publicly accessible area of StoryNexus at any time and it remains your property.  You understand and agree, however, that StoryNexus may retain (but will not display, distribute, or perform) server copies of StoryNexus Content that has been removed or deleted.

 

Some important rules about creating and using StoryNexus Content

8.    All StoryNexus Content you submit must be your own - you must not submit StoryNexus Content that is owned wholly or partly by anyone else.  This includes any content or material or information which is copyrighted, confidential, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless:

  • a.    you are the owner of such rights or have permission from their rightful owner;
  • b.    you have the necessary consents from any individuals whose personally identifiable information is contained in the StoryNexus Content; and
  • c.    you have the power to grant FBG the licence rights described above.

9.    You must comply with the StoryNexus Creator Guidelines regarding any StoryNexus Content, which you can find here: http://bit.ly/SNCreatorGuidelines

10.  We cannot emphasise this enough: please ensure that you understand this section and the Creator Guidelines fully and take care to ensure that you comply with them.  If we believe that you have in any way breached them, we reserve the right to amend, redact, suspend or remove the relevant StoryNexus Content and we may need to suspend or even (in serious cases) terminate the StoryNexus accounts of anyone involved in such breaches.

 

Our responsibilities regarding StoryNexus Content

11.  We provide the StoryNexus platform itself, not the StoryNexus Content.  As a result, we are not responsible or liable for any StoryNexus Content, or any interactions between users or third parties that may result from it.  We do not endorse any StoryNexus Content or any opinion, recommendation, or advice expressed using StoryNexus, and we expressly exclude any liability in connection with StoryNexus Content or the actions of users, to the full extent that it can legally be excluded.

12.  StoryNexus Content may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us.  We do not endorse or assume any responsibility if you access any third party website, service, or content from StoryNexus – so be careful!

 

Our editorial powers regarding StoryNexus Content

13.  We may change the name and URL/domain of StoryNexus Content at any time and for any reason. This will normally be to ensure uniqueness or clarity, e.g. if there are two worlds with the same or a very similar name. We may also reserve certain key or common words for Failbetter or system use (e.g. ‘Test’, ‘Help’). If a very desirable name/URL has been associated with a world which remains unfinished or inactive, we may allow or require the name to be transferred to another world. Other reasons may occur. We will contact the Creator and explain the reasons for the change.

14.  We may choose at our discretion to promote any StoryNexus Content, including featuring it on the front page of our website, the StoryNexus bar or other promotional locations.

 

Communications from us

15.  By registering for StoryNexus, you will receive online communications from FBG. To see how we use your personal information please go to our privacy policy at http://bit.ly/SNPrivacyPolicy

 

Access to the Service

16.  Occasionally we may need to carry out maintenance work on StoryNexus, for example due to technology improvements or bugs.  We will do what we can to notify you of these changes, and any impact on your use of StoryNexus, in advance but that may not always be possible.

 

Virtual currency and payment

17.  StoryNexus includes a virtual currency known as "Nex".

 

Purchasing and using Nex: guidelines for Players

18.  Players may buy Nex via StoryNexus and spend Nex when playing on user-created StoryNexus Worlds.  Nex are not refundable or returnable and may only be spent in StoryNexus Worlds where indicated.

19.  Use of Nex for any purposes other than those authorised in StoryNexus is a breach of these Terms. You agree that FBG has the absolute right to manage, regulate, control, modify and/or eliminate Nex as it sees fit at its sole discretion.  Nex are not subject to refund, they do not have real monetary value and they do not constitute real or virtual property of any kind.  Accordingly, you do not have any ownership rights in any Nex.

 

Nex in StoryNexus Worlds: guidelines for Creators

20.  If you are a Creator, you may incorporate opportunities for Players to spend Nex when playing on a StoryNexus World that you have created.  For every point of Nex spent by a Player on a StoryNexus World you have created, we will credit you with a royalty (a "Royalty").  The nominal value of a Royalty is currently GBP 0.07 per Nex unit, but may be amended by us at its sole discretion.  FBG may offer alternative arrangements to individual Creators at its discretion.

[Note: Failbetter sells Nex at around 0.11 GBP each, so this represents a revenue share for creators of a little over 60%.]

21.  Each Royalty credited to you will be noted in an account tied to you as Creator (an "Account").  At the end of each calendar month, we will pay to each Creator in GBP (£) a sum equal to the value of the Royalties indicated on your Account  that calendar month, provided that the value of the Account is GBP 50 or over (we call this figure the "Payment Threshold").  If the Royalties in your Account are under the Payment Threshold, we will not make a payment, but the credit will accrue to your Account until it becomes equal to or greater than the Payment Threshold at the end of a calendar month.  That said, we may at our discretion send you a payment before your accrued Royalties reach or exceed the Payment Threshold.

22.  We currently make payments only via PayPal.  Creators must provide current and valid PayPal account details. If you have provided an invalid PayPal account and two or more consecutive payments have been returned to us as undeliverable, we may stop sending future payments to you until you provide a usable account.

23.  If you close your StoryNexus account and have unpaid accrued Royalties with a value of less than GBP 50, we may at our discretion charge a GBP 20 administration fee to pay the accrued Royalties as a Royalty (note: this is to prevent frivolous closures and re-openings of User accounts).

24.  We will make payment only to the registered Creator of StoryNexus Content. We will take no part, and bear no responsibility or liability regarding, any disputes between that person and any co-creators.

25.  If we suspend a Creator's account because these Terms have been breached, we may withhold any unpaid Royalties to that Creator until the matter has been resolved to our satisfaction.

26.  If we suspend any StoryNexus Content due to any breach of this Agreement, we may withhold any unpaid Royalties to the Creator of that StoryNexus Content until the matter has been resolved to our satisfaction.

 

Age Requirements

27.  You must be at least 18 years old to use the monetisation aspects of StoryNexus (i.e. to permit the use of Nex in your StoryWorlds Content as explained above).  You may still participate in StoryNexus if you are over the age of 13 but under the age of 18, but only as a Player.

28.  Your access to StoryNexus may be suspended (or, in serious cases, even terminated) for any of the following reasons: attempts to modify character statistics and possessions through exploits; attempts to manipulate character rankings or displays through means other than those intended by us; unauthorised reproduction or distribution of any content whose copyright is owned by other Creators or by us; harassment, abuse or misinformation directed against other players or against our employees; attempts to hack StoryNexus, our website or any of our other property; use of automation or scripting to interact with the site; use of secondary accounts ('alts') to harass other players or gain unfair competitive advantage; using Nex in a way not expressly authorised by us; denial of service attacks against the site; use of phishing or similar software; or any other breach of these Terms or the Creator Guidelines.

 

Your use of the Service

29.  No refunds will be available for any Nex purchases made by any User whose access is suspended or terminated.  When a Creator is suspended, all Worlds owned by that Creator will also be suspended.  If a World or User/Creator has been suspended for more than six months, we may at our option permanently delete it.  Our decision in these matters is final.

 

General

30.  You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.

31.  These Terms shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.

32.  These Terms and the policies incorporated herein are the entire agreement between you and FBG. They supersede any and all prior or contemporaneous agreements between you and FBG relating to your use of StoryNexus. FBG may assign these Terms, in whole or in part, at any time.

33.  FBG may modify these Terms at any time and will use reasonable endeavours to post notice of the revised Terms at http://community.failbettergames.com/forum17-storynexus.aspx