Playmore Games Inc.

DIZED DISTRIBUTION AGREEMENT
20.10.2020

1. Terms

Agreement – This distribution agreement.

Playmore Games – Playmore Games Inc., creator of Dized (Opastinsilta 8 E, 00520 Helsinki, FINLAND, Business ID: 26164257).

Client – The business entity or legal person adhering and approving this document.

Content – Digital content that is created with the Dized tools that can be distributed to end-users.

Effective Pricing – The current pricings of the Dized platform, available at https://dized.com/pricing

Tools – Dized content creation tools that allow the creation of digital content.

Portal – A system that hosts the Tools and other functions to manage content, prices, users, rights, privacy, data etc.

App – Dized end-user Application available on iOS, Android and for PC / Web.

Platform – The umbrella term that consists of Tools, Portal and App and any relevant web services.

Parties – You and Playmore Games that this contract is valid between.

Backer Credit – Digital currency used in the App, that was only available for crowdfunding  Backers in the 2017 and 2018 campaigns.

Digital Right – A right provided by Playmore Games to an end-user to access, activate, and use Content.

This Agreement is made between Playmore Games and You, who is creating Content for distribution in the App with the Tools available in the Portal.

The Agreement is effective as of the date it’s approved digitally.

2. Content Creation and Distribution

Playmore Games provides the Tools that allow the Client to create and modify Content. In addition Playmore Games provides the Portal that is used to digitally distribute aforementioned Content to end-users in the App and to other Dized services, such as web pages.

By approving the Agreement the Client has the right to create Content in the Portal and publish it to the Platform.

The Client grants the right and license to Playmore Games to sell and distribute Digital Rights to the Content that the Client, Client’s business or any of the Clients affiliates have created with the Tools in exchange for compensation which is defined in this Agreement. The Client agrees that Playmore Games may sell the Digital Rights to customers directly or to other parties and affiliates that also sell to customers (extending to cases such as bundle deals.) The right extends to all platforms and operating systems and to all types of payment options available for Dized users in their current territory. Each Digital Right sold by Playmore Games is compensated as stated in 3. Offering Content for End-Users

The Client has the right to purchase codes from Playmore Games that can be used to activate the Digital Rights for Content in the App and distribute them to end-users abiding the brand guidelines set up by Playmore Games.

Any other advertising done for Dized or Content has also to abide by the Playmore Games brand guidelines. (Including but not limited to printing the Dized logo in the rulebook or gamebox, or using the Dized logo in social media or web.)

3. Offering Content for End-Users

3.1 Offering Paid Content

When Playmore Games sells a Digital Right for a Content to a customer (for example as an in-app purchase) it will compensate the Client for the Sales according to Effective Pricing. The Client selects the price for each Content from available Price Tiers

Playmore Games will pay the Client on a monthly basis by bank transfer as long as the total amount to be paid is over 100.00 EUR. Client is responsible for handling any transfer related fees such as currency conversions charged by the Client’s bank. Playmore Games will not hold any funds longer than a year, even if they are less than the aforementioned threshold.

The Client can review the amount of Content sales in the Dized Portal or on the reports delivered by Playmore Games.

Playmore Games is solely responsible for all the taxes, levies, VATs and other similar payments that are due to Content sales and are not handled by any other platform, such as an app store.

Any Content unlocked with Backer Credits do not fall under this section and is not compensated for.

3.2 Offering Content for Free

The Client may offer the Content for free for the end-users. In these cases an end-user who does not already own the content can activate the Digital Right, and it will permanently remain on their account. Playmore Games will charge a fee per activation according to the Effective Pricing. Playmore Games will charge the publisher for balances over 100.00 EUR or three months, whichever comes first.

3.3 Offering Content for Free Using Codes and Code Cards

The Client can offer the Content they have created with the Tools for free to end-users with codes, which they can purchase from Playmore Games. These codes remain valid for 7 years after they have been delivered to the Client or as long as the Content is available in the App.

The Client is not allowed to sell, or give Dized codes for reselling purposes. The Client shall take appropriate actions to make sure any Dized codes they purchased from Playmore Games won’t end up in resale.

The prices for codes can be viewed in the Effective Pricing.

4. Special Occasions in Pricing

While the Client sets the price for the Content they have created, Playmore Games may sell the Digital Rights to the Content at any price in its discretion – but in such cases the Client will always get the compensation dictated by the current price in the Portal and by the same margin as stated in Effective Pricing. (As an example, bundle deals or sale events). Such cases are agreed with the Client case-by-case.

Example: if the base price is set to Tier 2 the publisher will get the tier 2 compensation from each sale, even if Playmore Games has sold the Content for a discounted price.

The Client is not allowed (and not able) without permission to edit the price for such Content during, or just before, such events or campaigns.

5. Refunds

In the case of refunds for the Digital Rights to the Content, Playmore Games may in its discretion issue refunds to customers. Any refunds will be deducted from the payments that are paid to the Client, as long as the refund claim is due to the Content being erroneous, flawed, defective or incorrect and isn’t caused by negligence of Playmore Games or by issues with the Platform itself.

There might be local laws for refunds for the end-users that disregard the policies stated in this Agreement.

6. Client’s Warranties

The Client is responsible for the description and truthful presentation of the Content they have created.

The Client is responsible for giving any support relating to the Content itself. The Client is also responsible for the maintenance of the created Content. Any issues caused by the Platform are the responsibility of Playmore Games.

Violating these terms and warranties might lead to refunds, discontinuing the sale of the Content and temporarily suspending the Content until such matters are solved.

7. Client Data

In subject to Playmore Games’ privacy policies and applicable laws, Playmore Games will provide sales data to the Client in the Dized Portal or on the reports delivered by Playmore Games.

The Client grants Playmore Games the right to record, store, handle and to process any data related to the Client or their Content, produced by the Client or gathered by the Platform itself in both internal and external servers and services (such as cloud based servers).

8. Territory Limitations

Some Content might be impossible or illegal to make available in certain countries or territories in which case Playmore Games will not be offering the Content in those areas. Playmore Games is not liable if users circumvent the restrictions by any method (f.ex. by using a VPN).

9. Test Accounts

Playmore Games may, if it sees fit, without payment, grant selected individuals or test groups Digital Rights for the Clients Content for review and testing purposes.

10. Other Rights the Client Grants 

The Client gives the permission to Playmore Games to publicly display, distribute, transmit, advertise and broadcast their Content in the Dized platform and/or channels (or relevant medias for advertising and promo purposes) – and in some cases modify (if deemed necessary due to violations stated on this Agreement or in the Terms and Conditions or because it’s not compatible with the current Dized hardware requirements). This license is granted to Playmore Games as long as the Content is available in the App and up to thirty (30) days after it’s no longer publicly available in the App (even if the Client decides to suspend it themselves as stated below).

11. Term and Termination 

The Client may in their sole discretion choose to suspend the Content they have created and is available in the Dized App. Suspension of such Content will not affect any Digital Rights of a user who has obtained access to the Content. Playmore Games retains copies of the Content and end-users can still download or re-download any Content for which they acquired the Digital Right before the Content was suspended.

Users can re-download the Content at any time, unless there is a heavy reason (such as the Content is harmful, illegal, unfit for the current hardware or deemed unfit to distribute by any other reason) to recall that Content.

The Client is solely responsible for any Content they create and/or upload to the Platform and Playmore Games will hold no responsibility over any violations. The Client might also be held responsible for any Content that is created/uploaded to their Portal account.

If there is a breach that is violating any of the terms in this Agreement, the Client has seven (7) days to rectify the situation after notice by Playmore Games before the Content is suspended. In some cases, such as breaking intellectual rights, the Content might be suspended immediately. The Client understands and agrees that Playmore Games is not obligated to use, distribute or continue displaying any Content they have created if there’s an ongoing violation of these terms.

The Client is not allowed to use Dized Platform or any Dized services for anything else than what the service is intended to. Such disallowed usage includes, but is not limited to, using Dized Portal or any Dized services as their personal or commercial cloud storage.

12. Intellectual Rights and Infringement

The Client warrants Playmore Games that they have sufficient rights to all the assets they upload to the Platform. This includes without limitation any kind of intellectual property or proprietary rights. The Client is also responsible that their submission does not violate any applicable contract, law or regulation and that their content adheres the current Dized hardware and software specifications.

Please follow these rules. The following things are forbidden:

  • Copying, redistributing, reproducing, transferring or extracting any Content that you don’t own from Dized without proper authorization.
  • Using Dized Platform in a way that is not expressly allowed under the Agreements or by Law.
  • Creating, sharing, or registering content and/or user names that are offensive, abusive, defamatory, pornographic, illegal, promoting other services or illegal acts or threatening. As well as sharing or creating any content that has malicious content such as malware, viruses or similar.
  • Creating a business account that impersonates other businesses or individuals.
  • Creating any competitions or promotions relating to Dized or its content without permission from Playmore Games.
  • Create any scripts, apps, executable programs or other similar articles that might interfere, disturb, make vulnerable, probe, scan, hack or disrupt the Dized service or other users’ devices.

If Playmore Games is notified that an action the Client has taken or Content the Client has created or shared violates these clauses, Playmore Games can in its own discretion either contact the Client and ask to remedy the situation or in some cases remove it from our system without notification to them. If any dispute should arise, contact Playmore Games. By agreeing to these guidelines Playmore Games reserves the right to suspend the Clients Business Account in Dized Portal, until any possible complaints are remedied. In some extreme cases, accounts might be terminated.

The Client will also be responsible for any claims directed to Playmore Games as a result of the infringement.

The Client is urged to keep their user credentials, account details and password secure at all times. If there’s a possibility that the credentials have been stolen, please change your password as soon as possible and if need be, contact Playmore Games.

13. Governing Law

The laws of Finland shall govern this Agreement.