Keymailer Plain English Terms of Service

  1. Keymailer provides a service for games publishing companies, game PR agencies, and game development companies, collectively “clients”. If you do not fall under one of these categories, please stop using this website and for further information.
  2. Keymailer also provides a service for YouTube channels, Twitch channels and other internet video platforms broadcasters, collectively known as “channels”. To use this service, go to the 'gamer site'.
  3. The service is designed to allow clients to crowdsource broadcaster interest for their games, to respond to requests from channels for games, to confirm the identity of channels, to search and find relevant channels, offer games to channels, and to analyse the behaviour of, and coverage by channels.
  4. The offering is comprised of free and chargeable services.
  5. The service that allows clients to crowdsource broadcaster interest, respond to requests from channels, confirm their identity, and collate video social coverage, is free and will always be free.
  6. Some of the other services may be free, or be partly free, but we do not guarantee that they will always be so.
  7. We will never sell your email or other account details.
  8. To use the service, you need an account. Accounts are for individuals and belong to organisations. An account will need to be connected to a valid email address, at the minimum. We validate accounts to confirm they belong to the correct entity. We reserve the right to suspend accounts at our discretion for any reason, but at least if we believe they have been compromised, misused or are not under the correct control.
  9. You agree we will communicate with you via email and sometimes phone to notify you about your account and activities involving your account.
  10. You agree we may compute non-reversible aggregate data for research purposes from your data.
  11. You agree we may make limited use of your IP in order to crowdsource interest for your games from Channels.
  12. You will not use the service for any purpose other than the one it was intended for, or use it to send abusive or discriminatory messages.
  13. We reserve the right to remove any account, game, message or other material from the site if it offends other users, infringes any relevant statute, or otherwise at our sole discretion.


TERMS AND CONDITIONS

BACKGROUND:

This agreement applies as between you, the User of this Website and Keymailer Ltd, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:  

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Keymailer Ltd”

means Keymailer Ltd, Regd Company No. 9569579;

“Service”

means collectively any online facilities, tools, services or information that Keymailer Ltd makes available through the Website either now or in the future;

“Services”

means the services available to you through this Website, specifically: crowdsource broadcaster demand for games, respond to requests from channels for games, confirm the identity of channels, search and find relevant channels, offer games to channels, and analyse the behaviour of channels;

“Payment Information”

means any details required for the purchase of Services from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at The Guild, High Street, Bath. BA1 5EB United Kingdom;

“System”

means any online communications infrastructure that Keymailer Ltd makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by Keymailer Ltd and acting in the course of their employment; and

“Website”

means the website that you are currently using (keymailer.co) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

  1. Business Customers

These Terms and Conditions apply to publisher, agency, and developer customers only.  If you are not one of these classes please consult our Channel terms and conditions located here https://www.keymailer.co/terms

  1. Intellectual Property
  1. Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Keymailer Ltd, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
  2. Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Keymailer Ltd.
  1. Third Party Intellectual Property
  1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
  1. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Keymailer Ltd or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site (keymailer.co) without prior permission.  Deep linking (i.e. links to specific pages within the site) is allowed by registered Publisher Accounts, and only for those links exposed on the Game Page for this express purpose.  To find out more please contact us by email at [email protected]

  1. Use of Communications Facilities
  1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
  1. You must not use obscene or vulgar language;
  2. You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  3. You must not submit Content that is intended to promote or incite violence;
  4. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  5. You must not impersonate other people, particularly employees and representatives of Keymailer Ltd or our affiliates; and
  6. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
  1. You acknowledge that Keymailer Ltd reserves the right to monitor any and all communications made to us or using our System.
  2. You acknowledge that Keymailer Ltd may retain copies of any and all communications made to us or using our System.
  3. You acknowledge that any information you send to us through our System or post on the helpdesk, Q&A forum, or live chat system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
  1. Accounts
  1. In order to procure Services on this Website and to use the facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that:
  1. all information you submit is accurate and truthful;
  2. you have permission to submit Payment Information where permission may be required; and
  3. you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

  1. It is recommended that you do not share your Account details, particularly your username and password, and that you choose a username and password that are reasonable and not used elsewhere.  Keymailer Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you, or the choice or rash or reckless usernames or passwords.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  2. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Keymailer Ltd immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.  Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.  In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Keymailer Ltd will suspend provision of Services and the withdrawal of any scheduled payments pending investigation.  Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
  3. When choosing your username you are required to adhere to the terms set out above in Clause 8.  Any failure to do so could result in the suspension and/or deletion of your Account.
  1. Termination and Cancellation
  1. Either Keymailer Ltd or you may terminate your Account.  If Keymailer Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
  2. If Keymailer Ltd terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
  3. Keymailer Ltd reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
  4. If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
  5. If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
  1. Payment
  1. Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and Keymailer Ltd.
  2. Interest will be charged on a monthly basis, commercial interest at 3% above the base rate of the Bank of England obtaining at the time.
  1. Services, Pricing and Availability
  1. Whilst every effort has been made to ensure that all descriptions of Services available from Keymailer Ltd correspond to the actual Services, Keymailer Ltd is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.  Please refer to sub-Clause 13.4 for incorrect Services.
  2. Where appropriate, you may be required to select the required package of Services.
  3. Keymailer Ltd does not represent or warrant that such Services will be available.  Availability indications are provided on the Website however these may not take into account orders that have taken place during your visit to the web site.
  4. All pricing information on the Website is correct at the time of going online.  Keymailer Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
  5. In the event that prices are changed during the period between an order being placed for Services and Keymailer Ltd processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.
  6. All prices on the Website do not include VAT.  Keymailer Ltd’s VAT number is 212 1988 23.
  1. Provision of Services
  1. Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
  2. Keymailer Ltd shall use its best endeavours to provide the Services with reasonable skill and care.
  3. Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.
  4. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake.  Keymailer Ltd will ensure that any necessary corrections to the Services provided are made within 7 working days.
  5. Keymailer Ltd reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
  1. Any use or enjoyment that you may have already derived from the Services;
  2. Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Keymailer Ltd.

Such discretion to be exercised only within the confines of the law.

  1. Privacy
  1. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click https://account.keymailer.co/privacy.
  2. The Website places the following cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy https://account.keymailer.co/privacy. By accepting these terms and conditions, you are giving consent to Keymailer Ltd to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

Name of Cookie

Name of Provider

1st / 3rd Party

Purpose

Km_cs

Keymailer Ltd

1st

Maintain state in session

ga.js

Google Inc

3rd

Web Page Counting

intercom

Intercom Inc

3rd

Live Chat

mixp

Mixpanel Inc

3rd

Web Page Analysis

  1. Disclaimers
  1. Keymailer Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
  4. Whilst Keymailer Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
  1. Changes to the Service and these Terms and Conditions

Keymailer Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If Keymailer Ltd is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website
  1. The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  2. Keymailer Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  1. Limitation of Liability
  1. To the maximum extent permitted by law, Keymailer Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
  2. Nothing in these Terms and Conditions excludes or restricts Keymailer Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Keymailer Ltd.
  3. Nothing in these Terms and Conditions excludes or restricts Keymailer Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  4. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.
  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Keymailer Ltd.

  1. Communications
  1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected].  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  2. Keymailer Ltd may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us..
  1. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Keymailer Ltd shall be governed by and construed in accordance with the Law of England and Wales and Keymailer Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.