Welcome to GameCreate!
To begin using the GameCreate service, you need to create a domain - this is where GameCreate stores information about your computers, game servers, and other configuration details.
|Create New Domain (Step 1/4)
This agreement is made between you and Mammoth Media Pty Ltd
You and Mammoth agree in consideration of, among other things, the
mutual promises contained in this agreement:
In this agreement:
GameCreate Configuration Website means the website nominated by
Mammoth from time to time;
GameCreate Service means communicating electronically over the
internet with the GameCreate Client Software on your Host in a manner
consistent with information provided by you on the GameCreate Configuration
GameCreate Client Software means the GameCreate client software
available for download on Mammoths website and any updates to that software
made available by Mammoth (if any) during the term of this agreement;
Host means a computer connected to the internet that is not
located in Australia;
Monthly Fee means the fee published by Mammoth from time to time
or as otherwise notified to you and any applicable Taxes; and
Tax means any tax
(including without limitation any applicable goods and services or similar
value added tax), levy, charge, impost or duty which is assessed, levied,
imposed or collected by any governmental agency and includes, but is not
limited to, any interest, fine, penalty, charge, fee or other amount imposed in
respect of any of the above.
Mammoth grants you a non-exclusive, non-transferable, revocable licence
on the terms of this agreement to:
install and run the GameCreate Client Software on one or more of your
access the GameCreate Configuration Website using a web browser,
for the purpose of allowing
users outside of Australia to play third party games with each
other over the internet.
You acknowledge and agree that other than the licence granted under
clause 2(a) nothing in this agreement is intended to give you any intellectual
property rights or other rights in any trade marks, know-how, business names,
software or other material of Mammoth.
If you comply with this
agreement Mammoth will endeavour to provide you the GameCreate Service.
THIRD PARTY SOFTWARE
You acknowledge and agree that while Mammoth may, in its
absolute discretion, make available to you from time to time third party games
server software for use in connection with the GameCreate Service, Mammoth does
not license you to use or provide you with any other rights in connection with
this software and you must procure a right for you to use such software from an
appropriate third party.
not use the GameCreate Client Software or the GameCreate Configuration
in connection with games servers or users in Australia; or
other than as expressly permitted under clause 2(a) or the Copyright Act
1968 (Cth); and
comply with any reasonable instructions given to you by Mammoth
regarding the use of the GameCreate Client Software, GameCreate Configuration
Website or the GameCreate Service;
immediately notify Mammoth in writing upon becoming aware of a claim or
threatened claim that use of the GameCreate Client Software by you infringes
the intellectual property of a third party;
give Mammoth the option to conduct the defence of any such claim; and
provide Mammoth with such assistance and information that is reasonably
requested by Mammoth in relation to such claim.
If you manage two or more
physical computers in connection with the GameCreate Service then you must pay
Mammoth the Monthly Fee each calendar month in advance.
TERM AND TERMINATION
This agreement commences on the date of entry into this agreement and
continues until terminated in accordance with this agreement.
You may terminate this agreement by notice to Mammoth in which case the
agreement will terminate at the end of the next complete calendar month.
Mammoth may terminate this agreement by notice to you in which case this
agreement will terminate on the day the notice is given unless a date of
termination is contained in the notice in which case the agreement will
terminate on that date.
You acknowledge and agree that no Monthly Fee paid by you to Mammoth
will be refunded if this agreement terminates for any reason.
Subject to clause 8(b) Mammoth is not liable for
any loss or damage, however caused (including, but not limited to, by the
negligence of Mammoth), suffered by you in connection with this agreement.
If the Trade Practices Act 1974 (Cth) or any other
legislation implies a condition or warranty into this agreement in respect of
goods or services supplied, and Mammoths liability for breach of that
condition or warranty may not be excluded but may be limited, clause 8(a) does
not apply to that liability and instead Mammoths liability for such breach is
limited to, in the case of a supply of goods, Mammoth replacing the goods or
supplying equivalent goods or repairing the goods, or in the case of a supply
of services, Mammoth supplying the services again or paying the cost of having
the services supplied again.
NOT ERROR FREE OR ALWAYS AVAILABLE
acknowledge and agree that:
the GameCreate Client Software is
not error free, and may contain errors that causes it to malfunction or not
operate in the manner you may expect or as otherwise documented; and
the GameCreate Service and the GameCreate
Configuration Website may not be available from time to time.
GameCreate Configuration Website
The parties agree that any information or data
entered by you into the GameCreate Configuration Website is to be owned
by Mammoth (Website Data).
You absolutely and unconditionally assign all
intellectual property rights including copyright and future intellectual
property rights including future copyright in the Website Data to Mammoth.
To the extent that the assignment in clause 10(b) is
not effective to assign such intellectual property rights, you:
agree to assign all such intellectual property rights
to, and execute all necessary documents to effect such assignment in favour of,
grant Mammoth a global, perpetual licence to use,
modify, sublicense or publish the Website Data in any manner Mammoth sees fit
until such time as such assignment is effective.
You warrant that you have the authority to make the assignments and
grant the licence contemplated by this clause 10.
You indemnify Mammoth in respect of any claim, action, damage, loss,
liability, charge, outgoing or payment which Mammoth pays, suffers, incurs or
is liable for in connection with a breach of clause 10(d) or any claim or
threatened claim that the Website Data infringes the intellectual property
rights, moral rights or other rights of a third party.
Upon termination of this agreement you must immediately delete or
destroy any copies of the GameCreate Client Software held by you.
This agreement is governed by the laws of Queensland, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
Mammoth will not be in breach of any obligation under this agreement as
a result of any failure or delay in the performance of its obligations if such
failure or delay was contributed to, directly or indirectly, by an event
outside of Mammoths actual control.
You must not assign any of your rights under this agreement. Mammoth
may assign its rights under this agreement to a third party or require you to
enter into a novation agreement with a third party substituting Mammoth with
that third party under this agreement on terms nominated by Mammoth.
Any notice or consent under this agreement must be in writing and sent
by e-mail to the other party or delivered to the address of the other party. A
notice is taken to be given when an e-mail is sent unless an e-mail is received
shortly thereafter indicating that the notice e-mail delivery has failed.
This agreement constitutes the entire agreement between the parties
regarding its subject matter.
|Terms of Service:
Your domain name appears in several areas in GameCreate.
Your service name (such as Cool Games) would be appropriate.
Select the URL that will be used within GameCreate for your domain.
This is not the address to your website.
Select the appropriate timezone GameCreate should display
dates and times to you in.