Legal Documentation - Elthos Marketplace Agreement

Elthos Marketplace Agreement

Legal Terms

Plain English

... for your convenience.

Last Updated: Apr 2, 2018

Welcome to the Elthos Marketplace! We established this marketplace in order for our Gamemasters to be able to share their Packaged Worlds (“Worlds”) with our members and other Gamemasters. The Worlds can only be played through the Elthos Mythos Machine Web Application located on Elthos.Com. This Elthos Marketplace Agreement (“Marketplace Agreement”) between Elthos RPG (“Elthos”, “us” or “we”) and Authors on the Elthos Marketplace (“Author”) and Buyers on the Elthos Marketplace (“Buyer”) governs the use of the Elthos Marketplace under the provisions of the Elthos Terms of Service (the “Terms”).


This Marketplace Agreement applies to the Elthos Marketplace, as defined in the Terms.


Unless otherwise provided herein, this Marketplace Agreement is subject to the provisions of the Terms and they are incorporated herein. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this Marketplace Agreement in accordance with the Terms.

PLAIN ENGLISH SECTION (DRAFT as of 4/2/2018) - The Plain English section is being worked on to ensure all plain English statements reliably and accurately reflect the most current Legal Terms. In the case of any discrepancies please accept my apologies, but the Legal Terms take presidence. We will complete the Plain English review as quickly as possible.

Hi There! Welcome to the Elthos Web Application Worlds Marketplace. This is our agreement with you. If you don't agree with our Terms of Service, please do not use the Worlds Marketplace.

1. WHO CAN USE THE ELTHOS MARKETPLACE

Only our Gamemaster members can use our World's Marketplace to buy or sell Worlds via the Mythos Machine.

Only our Gamemaster members can use our World's Marketplace.

2. THE ROLE OF ELTHOS

The Service provides an online marketplace for appropriately qualified Authors to offer to sell Worlds to Buyers. The sale is directly between the Buyer and the Author. Elthos’ Role is expressly limited to making the Elthos Marketplace available and maintaining the Service. Elthos is an intermediary and not an agent or fiduciary for either the Buyer or the Author for any purpose. Elthos does not control the information provided by Authors or Buyers nor their acts or omissions. Elthos is independent from the Author and Buyer and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Elthos Marketplace by us.

Elthos provides a platform for our Authors to sell their Packaged Worlds, however, we are not a party to the transaction. We just maintain the Marketplace so that everyone can benefit.

3. BUYER TRANSACTIONS

If a Buyer has a Gamemaster account, Buyer can make payments through the Payment Gateway Service (Stripe or similar service) which will be accessed when the Buy clicks the “Buy Now” button. Once Buyer has completed the purchase, Buyer will be able to use the World Buyer purchased on the Elthos Mythos Machine. The Elthos Mythos Machine will then create a copy of the World Buyer purchased with the Buyer as an Authorized user, at which point the Buyer may modify the Purchased World to suit the needs of their game. If the Buyer deletes the purchased Packaged World, they will need to purchase a new copy to use that Packaged World. The Buyer will not, however be able to make any items or the whole of the purchased Packaged World “Public”.

To Buy a Packaged World, the Buyer has to be a Gamemaster. The payments will be transacted through the Stripe Payment Gateway. The Buyer will then become an Authorized user of their copy of the Packaged World, to be used as is, or edited as they wish, for their own personal non-commercial enjoyment with their friends. The Buyer has no rights to distribute or sell the Author's World.

If the Buyer deletes their copy of a World they purchased, they will have to purchase another one if they want to utilize it again (hint: don't delete the Worlds you've purchased if you like them).

4. PRICE

The total price for World on Elthos Marketplace consists of:

World price: The item price is made up of a license fee, and will have a minimum price of $3.00.

Taxes: Some transactions on Elthos Marketplace via Stripe may be subject to tax that may be added to the price. See section 5 for details about taxes on Elthos Marketplace.

Authors will be able to Price their Worlds starting at $3.00. There are several reasons we want to have a minimum price. One is to cover transaction costs that the payment gateway charges for sales of Worlds (so a $0.30 World would cost us money to sell). But moreover we want to discourage the infamous Race-To-The-Bottom that PWYW and Freebie systems tend to cause. We want quality Worlds to be created and sold on the Mythos Machine, and quality should actually be worth something to the Author.

5. TAXES

There are two kinds of Taxes that may get incurred via the World Marketplace.

5.1 - Internet Sales Tax

Buyer is responsible for paying all other fees and taxes associated with Buyer’s use of Elthos Marketplace wherever levied. Buyer responsibility includes sales or use tax if it applies, unless we already process that sales or use tax as required by law. We may collect geographical location information to determine Buyer location, which may be used for tax purposes (so location information Buyer give us must be accurate for tax residency purposes).

5.2 - Author Income Tax

The Author is responsible for playing all of the taxes that they may owe to the Government in regards to Income Tax. Stripe will provide a 1099-K form to Authors under the following circumstances (as of 4/3/2018):

  1. The Author's Stripe Account is based in the United States (Owners do not need to be US citizens.) AND
  2. More than $20,000 USD in total gross volume AND
  3. More than 200 charges

To read the most current information on how Stripe will handle income tax reporting for Authors, please refer to the Stripe Documentation.

If Sales Taxes are assessed to a Buyer, the Buyer is responsible for them.

Please note, the question of Internet Sales Tax is complex and in a constant state of flux as each State may have its own internet Sales Tax laws, and that these can be changed by State Legislatures at any time. If you as a Buyer are unsure about your own State's Internet Sales Tax laws, please contact your State representative.

And yes, we all need to pay our taxes.

6. LICENSE GRANTED TO BUYER BY THE AUTHOR

All rights and title to the Packaged Worlds are owned by the Packaged World’s Author. By selling the World on the Elthos Marketplace the Author grants Buyer the following license.

6.1

Buyer must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Packaged Worlds except as follows:

6.1.1

When Buyer acquires a Packaged World, Buyer acquires a limited, non-exclusive, non-transferable right to use that Author’s World through our Mythos Machine Application (Elthos.com) for Buyer’s personal, non-commercial use and only through Buyer Account; Buyers are not actually acquiring the World itself. This license is subject to our Terms of Service and this Marketplace Agreement.

6.3

No right, title or interest in or to the Packaged World is transferred to Buyer from Author, and all rights not expressly granted are reserved by the Author.

The Author retains their rights in the Packaged Worlds but grants the following license: Buyers can use their copy of the Author's Packaged World for their own personal, non-commercial games only.

7. TERMS OF BUYING

It is important that Buyer understand the terms on which Buyer is making a purchase. Please take the time to review this section carefully.

When Buyer buys an Elthos Marketplace item they are doing so on the following terms:

7.1

Buyer cannot cancel a completed purchase of an item;

7.2

we and the Authors do not promise that any particular item will continue to be available on Elthos Marketplace;

7.3

once the Buyer purchases an item and the item has been paid for, Buyer acquires a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others may be allowed to also license the same item);

7.4

the Author retains full ownership of the item;

7.5 - Registering Complaints

7.5.1

in order to register a complaint the Buyer must contact the Author directly through their email address;

7.5.2

The Buyer may also fill out the Feedback Form on the Mythos Machine to register their complaint to the Elthos platform, though Elthos is under no obligation to become involved in disputes between Authors and Buyers.

7.6

we have the right to enforce against Buyer the terms of the license that the Buyer acquires from an Author, but are under no obligation to do so. Such enforcement is the responsibility of the Author to initiate and pursue, though Elthos may take appropriate action against infringment of the Author's rights at our discretion should the Author contact us in regards to any cases of infringement.

The Buyer won't cheat the Author of their rights or property.

Please read this section carefully.

8. AUTHOR WARRANTIES

The Author promises that:

8.1

the item matches the description given by the Author on the item preview page, as well as any item preview;

8.2

they will honor any express promises given to Buyer that are not contained in these terms;

8.3

they have the rights necessary to license that item on the terms of applicable license;

8.4

the Buyer's use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;

8.5

the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;

8.6

the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading); and

8.7

the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

8.8

the item does not violate the site’s Rules of Conduct.

The Author will not defraud the Buyer and will honor their commitments.

Please read this section carefully.

9. REFUNDS AND CUSTOMER SERVICE

If the Buyer requests a refund after a purchase of a Packaged World has been competed, the Author may issue a refund in the Author’s sole discretion via their Stripe Dashboard, or by such means as they shall choose.

All customer issues will be handled directly by the Author. Additionally, if Elthos receives three or more complaints with respect to Author, Elthos will have the right to remove the Author’s Packaged World(s) from the Mythos Machine and may terminate the Author’s Mythos Machine Account. Elthos may at its discretion assist with the resolution of any complaints, but will have no obligation to do so.

In order to get a Refund the Buyer must contact the Author directly.

The Author is responsible for maintaining good relations with their own customers, and will promptly and efficiently handle any complaints and / or disputes on their own volition without unnecessarily involving the Elthos company.

10. BECOMING AN AUTHOR

The Author needs to take the following steps to create a Private World for sale through our Marketplace:

In order to become an Author, the user needs to become a Gamemaster on our Service. The Author would then make themselves a Premium Gamemaster. The Premium Gamemaster will create a Private Packaged World using the Mythos Machine's built in feature desisgnated for this purpose, and the Author will not make any of its components “Public”.

The Author will need to Publish their World through Elthos Mythos Machine interface (Elthos Marketplace).

10.1 - World Price

Prices are to be set by the Author in accordance with Section 4 - Price, above.

10.2 - Elthos Commission Fee

The Elthos Commission will be the percentage of revenue as set at 24% per sale.

10.3 - Earnings payment

All earnings will be collected directly through Stripe. In order to collect the earnings, the Author must

10.3.1

Set up a Stripe Account using an email address that is associated with the Author

10.3.2

Link the Author’s checking account to their Stripe Connect Account for receipt of payments, and

10.3.3

Create and maintain their Stripe Account in their own Stripe dashboard, the transactions associated with the Marketplace will only be handled by Stripe.

10.3.4

Author must Keep their Stripe Dashboard Login & Password information in a secure location locally.

10.4 - Potential deductions

Payment methods available for Buyers to buy your items involve payment agents, such as Stripe (the one we use), that have their own standard terms and conditions regarding refunds, chargebacks, fees and unAuthorized transactions (which we don’t control).

10.5 - Termination of Author Accounts

If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the Elthos Marketplace Agreement or our Terms or Service, or our Rules of Conduct, we can at our discretion disable or delete the item(s) in question, and/or your membership, or remove any World, or any portion thereof at any time, in our sole discretion and without notice. Please see our Terms of Service for more information.

10.6 - Taxes and Fees on Selling Worlds

Stripe is the Payment Gateway that will be processing Buyer's purchase of Worlds on the Mythos Machine. The Transaction Fees are automatically deducted from the total amount of the sale at the point of purchase.

10.6.1

As an Author on Elthos Marketplace, you are responsible for paying any taxes that apply; and

10.6.2

you are responsible for all Stripe Transaction Fees.

10.7 - Author Warranties to Elthos

10.7.1

you will not use Elthos Marketplace to offer non-Elthos goods or services to Buyers;

10.7.2

you will not buy your own items;

10.7.3

you will follow any Author guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request; and

10.7.4

information and documentation you give us (like your name and email address) is accurate.

10.8 - Intellectual Property

10.8.1 - Elthos Property

We own all Content that we have put on Elthos Marketplace (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Elthos Marketplace sites, and copyright, trademarks, designs and other intellectual property on Elthos Marketplace. We own all the trademarks, logos, service marks and trade names on Elthos Marketplace (unless otherwise stated and excluding these things owned by others). Buyer will not copy, distribute, modify or make derivative works of any of our Elthos Content or use any of our intellectual property in any way not expressly stated in these terms.

10.8.2 - Author Property

We do not own the items on Elthos Marketplace; our Authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via the Elthos Marketplace do not infringe the intellectual property rights of a third party. (Each Author provides promises to the Buyer directly when Buyer purchase their item – see section 7 (Author Warranties).

10.8.3 - Promotion

Author hereby grants us the nonexclusive, irrevocable, royalty-free, worldwide rights to use, reproduce, distribute, reformat, modify, create excerpts from, promote, advertise, transmit, and publicly display and perform in any and all digital and other formats the World to promote the Elthos Mythos Machine and Elthos Service.

10.8.4 - Intellectual Property claims

We respect the intellectual property rights of others and we require that Authors do the same. If Buyer believe that an item or member content infringes on any intellectual property rights, please see the information found in our Terms of Service in Sections 10 (Intellectual Property Ownership) and 14 (Copyright Policy).

10.9 - Confidential Information

We value Buyer information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of Buyer’s information, please be aware that we can’t promise that Buyer’s use of the Elthos Marketplace will be confidential, and we can’t promise that any information Buyer provide to us is perfectly secure. While using the Elthos Marketplace, Buyer may also become aware of confidential information about us or another member. Buyer and Author promise to not disclose any confidential information made available to Buyer or Author through the Elthos Marketplace to any other person, and to notify Elthos of the issue so that we may resolve it as quickly as possible.

10.10 - Termination of Buyer Account

Elthos reserves the right, in its sole discretion, to suspend, terminate or modify Buyer access to any or all of Elthos’s Service. We will do our best to provide Notice to Buyer, however, we cannot guarantee that Notice will be provided in all circumstances. In the event that Elthos suspends or terminates Buyer Account or this Agreement, Buyer understand and agree that Buyer shall not be entitled to receive any refund of fees or unused subscription time. This Agreement is effective until terminated. The provisions of Sections 8, 22,21,20, 25, 26, 27of this Marketplace Agreement and Sections 9- 12 and 19-24 of our Terms shall survive termination.

10.11 - World removal

We have the right to remove an item for any reason, using our reasonable discretion. Issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.

10.12 - World Suspension

The Author may suspend the publication of the Packaged World and re-activate it at any time. The Author may delete the Packaged World but such action will not have any effect on copies sold prior to the time and date the deletion has been processed.

10.13 - Immutability of Published Worlds

Once a Packaged World has been published, changes will not be disabled through the Mythos Machine.

In order to become an Author, a user has to be a Premium Gamemaster and publish a World using the Elthos Mythos Machine's "Packaged Worlds" feature.

Both the Stripe transaction fees and and the Elthos platform commission will be automatically transacted at the point of sale via the Stripe transaction system. The Author need take no special action to ensure this. The Author therefore can relax and simply watch the money in their account grow without needing to handling additional accounting, other than those related to paying income tax on their sales.

Elthos will not be able to restore or help with Stripe Dashboard account issues, such as a lost password, or intercede or influence issues related to the use of the Stripe Platform.

Please note: Elthos will have no direct connection to your Stripe Account at all. At no time does the customer's credit card information pass through our servers, nor do we have access to your Stripe Account in any way other than to retrieve very limited information, such as your credit card's last 4 digits so we can display to you what you have on file with Stripe in case you wish to change it. Stripe has developed a system which keeps you and your customer's credentials safe and secure by never passing them through our system. All transactions occur directly between Stripe Payment Gateway and your Customer, and then Stripe credits your Checking account to finalize the transaction. This is as secure an online payment system as we could find and we expect it will do a great service for you. If you do have problems with Stripe, however, please let us know. There are other Payment Gateways out there but we honestly believe that Stripe is currently Best of Class.

Please familiarize yourself with Stripe's Terms of Service before signing up as an Elthos Mythos Machine World Author. We do not have control over those Terms of Service and you should be familiar with them.

Once a World has been Published by the Author, the Author can no longer edit that World, but it stands as an Edition of their work, just like if a book has been published. The Author if they wish to amend or expand on their World can create a new Packaged World for those purposes. So you could have My Best World edition 1.0 and My Best World Edition 2.0, etc. The reason we prohibit editing Published Worlds is to save everyone from the enormous can of worms that would be opened up for publishers with their customers if we let Authors change their Published Worlds. Believe me, we talked about this a lot and concluded that this is the best policy for everyone. And we hope as well that because of this it will encourage Authors to be careful the first time and really check their work before they Publish. Best practice, fo shizzle.

As for who can Purchase your Worlds... any Gamemasters on the Mythos Machine, whether they be Marketplace GMs, Basic GMs or Premium GMs ... they can all purchase Published Worlds. Does this mean that you can only possibly sell your World via the Mythos Machine? No way! You can if you want print out your World and plop it into any convenient format you want (PDF, Word Doc, HTML, etc) and publish it any way, and anywhere you want. It's 100% your property and you can do with it whatever you want. We do ask for an Attribution, however, if you publish it outside the Mythos Machine to help spread the word about the Elthos Project, so please help us out with that if you can. Thanks!

11. DISCLAIMER OF WARRANTIES

BUYER AND AUTHOR UNDERSTAND AND AGREE THAT:

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ELTHOS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY ITEMS OFFERED FOR SALE OR SOLD ON OR THROUGH THE SITE OR ANY AUTHOR, INCLUDING WITHOUT LIMITATION:

11.1

any representation or warranty that Elthos Marketplace meets the Buyer’s or Author’s requirements, will always be accessible, uninterrupted, timely, secure or operate without error or that defects will be corrected;

11.2

any representation or warranty with respect to intellectual property rights in any World;

11.3

any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the Buyer’s computer monitor;

We are not liable for any loss suffered by you as a result of a Buyer or any other person making use of Author item contrary to the Elthos Marketplace Terms or the item’s license.

11.4

any representation or warranty regarding the character or reputation of the Author;

11.5

any representation or warranty concerning the availability, accuracy, completeness, usefulness, or content of information; or

11.6

any representation or warranty of title, non-infringement, merchantability or fitness for a particular purpose.

The Buyer must direct all claims regarding any Item to the Author and must resolve any dispute regarding any Item directly with the Author.

No advice, results or information, or materials whether oral or written, obtained by Buyer through the Elthos Marketplace shall create any warranty by Elthos not expressly made herein. If Buyer are dissatisfied with the Elthos Marketplace, Buyer’s sole remedy is to discontinue using the Elthos Marketplace.

ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS DONE AT BUYER’S OWN DISCRETION AND RISK AND BUYER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE PURCHASE OF ANY SUCH MATERIAL.

ELTHOS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY GOODS OR PRODUCTS OFFERED OR PROVIDED BY OR ON BEHALF OF AUTHORS ON OR THROUGH THE SITE. ELTHOS IS NOT A PARTY TO ANY TRANSACTION BETWEEN BUYERS AND AUTHORS.

If you submit to us any comments or suggestions, the intellectual property rights to those belong to us.

12. LIMITATION ON ELTHOS’ LIABILITY

IN NO EVENT WILL ELTHOS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

ELTHOS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS.

IN ANY ACTION OR PROCEEDING AGAINST ELTHOS ARISING OUT OF OR RELATING TO THESE AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICE, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO $100.00. YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAISNT ELTHOS WITH RESPECT TO THE USE OF ANY SERVICE ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Please see our trademark policy.

13. LIMITATION OF AUTHOR LIABILITY TO BUYER AND INDEMNITY

Each Author grants to each Buyer of the Author’s items a limited indemnity on the following terms:

13.1

if another person makes a claim against a Buyer that the Buyer's use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and

13.2

Indemnity: if that Buyer promptly notifies the Author of the claim and gives the Author the option to control the defense of the claim (at the Author's cost), then the Author will indemnify the Buyer against damages finally awarded by a court against the Buyer or any settlement damages agreed to by the Author regarding that claim. The Author may at their expense, assume the exclusive defense and control of any matter Author indemnifies Buyer against, and if so Buyer agrees to cooperate with Author.

The liability of each Author to their Buyers is otherwise limited, for each item purchased, to the Author's earnings from the payment for that item, except to the extent that the Author's liability arises from wilful misrepresentations made about the item. This means that the Author's liability to Buyers is limited.

Note

14. INDEMNITY

All Elthos Marketplace Authors and Buyers agree to defend, indemnify and hold Elthos, its directors, officers, employees, agents, vendors, partners, contractors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with their use of the Site, their purchase or sale if Worlds, the nature or quality of Worlds, their disputes with any Author in connection with use of the Elthos Marketplace, their violation of any law, their violation of these Terms or their posting or transmission of any User Content or materials on or through the Elthos Marketplace, including, but not limited to, any third party claim that any information or materials such Elthos Marketplace user provides infringes any third party proprietary right. We may, at our expense, assume the exclusive defense and control of any matter Buyer or Author indemnify us against, and if so Buyer or Author agree to cooperate with us.

Note.

15. AVAILABILITY

We strive to have Elthos Marketplace available to both Buyer and Author 24 hours a day, seven days a week but Buyer acknowledge that service interruption may occur from time to time: occasionally Buyer might not be able to access Elthos Marketplace, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Elthos Marketplace works. Elthos will not be liable to Buyer for any loss Buyer suffer as a result of these things.

Note

16. DEFINITIONS

Author:

a member Gamemaster of the Premium Service who makes items available for sale on Elthos Marketplace.

Buy:

includes a copy of the Packaged World that is made available on Elthos Marketplace.

Buyer:

a person who ‘buys’ Packaged Worlds on Elthos Marketplace.

Elthos Content:

is all the content that we have put on Elthos Marketplace and includes the design, compilation, and look and feel of the Elthos Marketplace, and copyright, trademarks, designs and other intellectual property on the Elthos Marketplace (unless otherwise stated and excluding content owned by others like Author content).

Elthos Marketplace:

When we refer to the ‘Elthos Marketplace’ we’re talking about the Elthos Packaged World Marketplace

Elthos Marketplace account:

what Buyer receive when Buyer become a Member which gives Buyer access to any parts of the Elthos.com including the Elthos Mythos Machine and the Elthos Marketplace.

World price:

the price Buyers pay for the license to use a World, as detailed in section 12(a).

Packaged Worlds:

digital worlds that are based on the Elthos Core Rules Book and can be used to play games on the Elthos Mythos Machine.

Member:

a person who signs up by creating an account and accepting these Terms of the Service.

Payment method:

any payment agent or method we make available on the Elthos Marketplace.

Buyer content:

Buyer Worlds or other materials Buyer post on the Elthos Marketplace.


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