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itch.io Terms of Service

Last updated Wed Jul 12 2017

By registering an account and using this service you agree to the terms of service listed in this document.

Please read these Terms of Use (“Agreement” or “Terms of Use”) carefully before using the services offered by itch Corp. (“Company,” “we,” “us,” or “our”). This agreement sets forth the legally binding terms and conditions for your use of the Website at itch.io (the “Site”) and the service owned and operated by company, including any mobile software applications offered or published by Company (collectively with the Site, the “Service”). By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms of Use. These Terms of Use apply to all users of the Site or Service, including users who are also contributors of content, information, and other materials or services on the Site.

If you are using or opening an account on behalf of a company, entity or organization (each an “Publishing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Publishing Entity and any entities represented by such Publishing Entity (a “Represented Entity”) with the authority to bind such Represented Entity to these Terms of Use and (ii) agree to be bound by these Terms of Use on behalf of such Represented Entity.

The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, then you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.

Accounts

itch.io administrators reserve the right to disable your account and remove your content at any time if they find you abusing the service. You are responsible for all content uploaded with your account, and subject to whatever legal restrictions you would normally be under for distributing such content.

Acceptable Use

The acceptable use policy exists to help create a safe environment for users of the site. The posting of content that degrades the experience of others may result in account termination. Here is a list of explicitly prohibited actions:

  • Uploading viruses or malicious code
  • Spamming or sending repeated messages
  • Posting unlawful, misleading, malicious, or discriminatory content
  • Bullying, intimidating, harassing, defaming, or threatening others
  • Posting content that promotes or participates in racial intolerance, sexism, hate crimes, hate speech, or intolerance to any group of individuals
  • Soliciting personal information or login details of others
  • Violating copyright by posting content without permission to distribute
  • Hacking, maliciously manipulating, or misrepresenting itch.io’s interface in any way using the built in tools for page customization

Should there ever be a need to invoke the possibility of removing content, the consideration will be made very carefully. Where not obvious, cases of misconduct will be handled individually and the policy document may be updated to reflect the decision.

Transactions & Fees

You will set the prices for your products and services that are charged through “Transactions” (the “Prices”) through the Site, and you may change the Prices at your sole discretion.

Company shall be entitled to a share of the revenue you receive from Transactions (the “Revenue Share”), which shall be calculated on your gross revenue from Transactions, not including any Transactions for which you or we provide a refund, in accordance with the transaction configuration you have added on your account.

For Digital Content, itch.io will collect the purchase price and any applicable fees and taxes. itch.io will pay you the gross proceeds we receive from the sale of Digital Content, minus the applicable Revenue Share and any applicable fees from payment providers.

itch.io may withhold any taxes, duties, charges or levies on payments by itch.io to you pursuant to this Agreement as may be required by applicable law, rule or regulation. itch.io shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority.

Company retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Site. Company may immediately halt the offering or sale of any goods or services upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent with respect to any goods or services.

Refunds

itch.io will process refunds on request if the purchased item cannot be run, some other issue prevents access to it, the purchase was made by accident, or the product does not represent what was advertised. For technical issues, we'll put the buyer in touch with the developer first to try and resolve these issues. Please contact support with your purchase information if you need to make a refund request.

For products selling third-party external keys (eg. Steam keys), we may require the seller to confirm cancellation of the key before a refund can be processed due to itch.io’s inability to disable access. Contact support if you have any questions.

Note: Some sellers are utilizing an older payment method and are responsible for handling refunds themselves. If you're uncertain about refund eligibility for a product then please contact support.

Rights

itch.io claims no rights over your content. You own it. You can take it down at any time. But, by using this service you grant itch.io permission to use promotional material you have provided for your Digital Content (screenshots, cover-images, videos) on other parts of the site in order to link to or showcase your Digital Content.

Warranty

The website, itch.io is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. in no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the website or related services.

Limited Liability

In no event shall Company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars (.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Please submit any questions or concerns on the itch.io support page.