Buildbox Shop Developer Terms
The Buildbox Service enables users (“Developers”) to create, upload, distribute, and offer for sale game assets (as further described below, “Assets”) through an online shop (the “Shop”) operated by App Onboard, Inc. (“AppOnboard”, “we”, or “us”). Through the Shop, Buildbox users (“Creators”) may license and download assets for use in the games they create through the Buildbox Service. These Shop Developer Terms apply to your use of the Shop as a Developer. If you are a Creator, please refer to the Buildbox Shop Creator Terms.
Your use of the Shop is also subject to, and these Shop Developer Terms are “Additional Terms” under, the Buildbox Terms of Service (the “General Terms”). In the event of a conflict between these Shop Developer Terms and the General Terms, these Shop Developer Terms will control with respect to the Shop. Capitalized Terms used in these Shop Developer Terms that are not defined here have the meanings given in the General Terms.
Assets and License Grant
- Assets. As used in these Shop Developer Terms, “Assets” means resources that may be used in the creation of a Buildbox game or application. These Assets may include, without limitation, code snippets, artwork, sound, or playable game templates. The Assets may not violate the Buildbox community guidelines set out in the General Terms (the “Guidelines”).
- Granted Rights. When you submit Assets to the Shop, you grant to AppOnboard a non-exclusive, worldwide right and license to (i) use, copy, and display the Assets to market, promote, and distribute them through the Shop; and (ii) grant perpetual licenses to Creators to use, copy, and display the Assets within games that they create using the Buildbox Service, including the right to modify the Assets solely as necessary to use them in such games (such rights collectively, the “Granted Rights”).
- Ownership of Assets. AppOnboard acknowledges and agrees that, as between Developer and AppOnboard, Developer owns and retains all rights, title, and interest in and to the Assets and all intellectual Property Rights in the foregoing. The Assets are licensed to AppOnboard and not sold and no title or proprietary rights to the Assets are transferred to AppOnboard under these Shop Developer Terms.
- Placement. The Assets may be positioned, promoted, and featured within the Shop at AppOnboard’s sole discretion.
- Asset Removal. AppOnboard shall have the right to remove any Asset from the Shop at any time in its sole discretion, including if the Assets violate the Guidelines, are the subject of complaints, or don’t work properly. You may also remove Assets from the Shop at any time. Your removal of Assets from the Shop will not affect the licenses granted by AppOnboard to Creators under the Granted Rights and Creators may continue to use the licensed Assets in accordance with the rights granted by AppOnboard.
- Support. Developer shall be responsible for providing technical support to Creators and as reasonably requested by AppOnboard.
- Pricing. When you submit an Asset to the Shop, you will establish the price for the Asset to be licensed through the Shop. You may also license the Asset through the Shop for free.
- Revenue Share. In consideration of the Granted Rights, AppOnboard shall pay Developer 70% of Net Revenues (the “Revenue Share”).
- Net Revenues Definition. “Net Revenues” means Gross Revenues less (i) refunds, credits, and chargebacks (which may be given in AppOnboard’s sole discretion); and (ii) any taxes AppOnboard is required to withhold or pay in respect of such amounts (other than taxes on AppOnboard’s net income). “Gross Revenues” means the U.S. Dollar value, as reasonably determined by AppOnboard, of the consideration received by AppOnboard from licensing the Assets to Creators through the Shop.
- Payment. Within 45 days following the end of each calendar quarter during the Term, AppOnboard will pay Developer the Revenue Share based on Net Revenues received during such quarter; provided that if Revenue Share is less than US$100.00, AppOnboard may delay payment until the calendar quarter when Revenue Share exceeds US$100.00. Each payment will be accompanied by a statement setting forth in reasonable detail the basis upon which payment is made. All payments shall be made to you in U.S. Dollars using your Developer Information.
- Taxes. Developer is solely responsible for payment of any applicable taxes in respect of the payments contemplated by this Agreement.
Developer Representations and Warranties
Developer represents, warrants, and covenants to AppOnboard and each Creator that:
- Developer is the exclusive owner of the Assets (including all intellectual property rights therein);
- the Assets comply with the Guidelines;
- Developer’s descriptions of the Assets are true and accurate;
- there is no pending or, to Developer’s knowledge, threatened dispute, litigation, proceeding, or other claim which could materially impact Developer’s ability to offer the Assets in the Shop or grant the Granted Rights, or to make any of the representations or warranties in this Section, and there exists no reasonable basis for any such claim;
- the Assets do not infringe the intellectual property rights or personal rights of any third party;
- Developer has the full power, authority and right to grant the Granted Rights;
- Developer has not granted any license or other right, title, or interest under or relating to the Assets that would (i) conflict with or otherwise limit AppOnboard’s ability to exercise the Granted Rights or distribute Assets through the Shop or (ii) prevent or limit Creators from exercising the rights granted to them under the Granted Rights.
Without limitation of your indemnification obligations under the General Terms, you agree to indemnify, defend, and hold harmless AppOnboard, its subsidiaries, affiliates, officers, directors, employees, consultants and agents and each Creator from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that they may incur as a result of or arising from your breach of any of your representations, warranties, covenants, or obligations under these Shop Developer Terms. AppOnboard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AppOnboard in asserting any available defenses.
- By Developer. You may terminate your participation in the Shop at any time by removing all of your Assets from the Shop. You may also contact us at email@example.com to delete your account, in which event we will remove your Assets from the Shop.
- By AppOnboard. We may suspend or terminate your participation in the Shop for any reason with or without notice to you. If we terminate your participation in the Shop, AppOnboard shall have no liability to you or any third-party in connection with such termination, other than for undisputed amounts owed to you under these Shop Developer Terms through the effective date of termination.
- Effect of Termination. In the event of termination, your Assets will be removed from the Shop and no new licenses to the Assets will be granted to Creators. Termination will not affect the licenses granted by AppOnboard to Creators under the Granted Rights and Creators may continue to use the licensed Assets in accordance with the rights granted by AppOnboard. Sections 4 and 5 of these Shop Developer Terms will survive termination.
AppOnboard may, in its sole and absolute discretion, change these Shop Developer Terms from time to time. All changes to these Shop Developer Terms will be effective when posted, and we will provide notification of such changes to you via the Service or contact information you may have provided to AppOnboard upon registration. Your continued use of the Shop as a Developer following any changes to these Shop Developer Terms will constitute your agreement to be bound by such changes. If you object to any such changes, your sole recourse shall be to terminate your participation in the Shop in accordance with Section 6 above.
Last Updated: 4/12/2022