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How to properly set up a successful digital store!
June 25, 2022
A very important aspect to have an effective digital store is the initial impression. A store page with missing informations, lack of products or missing
1.1 This is a website addressed at www.KSTORMSTUDIO.COM and digital software and media distribution platform owned and operated by company number 12345155 and registered at Company House UK (we will further call ourselves “KSS”). By registering an account and using the Service, you agree to be bound by the terms of this Agreement.
1.1 This Agreement is a contract between you and K-Storm-Studio Ltd. and applies to www.KSTORMSTUDIO.COM, your KSS user account, any games or videos or other content or services which you purchase or access via us, the KSS web forums, KSS customer and technical support and other services we provide to you (we’ll just call all this “KSS services” for short).
1.2. Additional terms may apply to KSS services and in such a case we will post them for your acceptance.
1.3 Also, when we’re talking about games, in-game content, virtual items or currency or KSS videos or other content or services which you can purchase or access via KSS services, we’ll just call them “KSS games” or “KSS videos” respectively and when we talk about them all together they are “KSS content”. This Agreement also covers our Privacy Policy too (you can read it here), so the Privacy Policy is part of this Agreement.
USERS AND PUBLISHER
1.4 You can register your account with us in KSS as a normal User and/or Publisher. Both User and Publisher can have access to all services in KSS.
1.5 As a User you can use your account to purchase, download, or play games or other content from KSTORMSTUDIO.COM platform, you agree to be bound to the terms of this Agreement. If you’re between 13 and 18, before we extend an equally warm welcome, please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter into contracts like this Agreement). If you’re not 18 yet you cannot have a KSS account or use the KSS services because legally we cannot handle personal data of children without a special parental or guardian’s permission (but your parents/guardians are welcome to sign up themselves). Further please consider that this Service is not intended for children under 13.
1.6 If you decide anytime to sell, distribute, or publish games, assets or other content on KSTORMSTUDIO.COM, you agree to be bound to the terms of this Agreement as a platform publisher (“Publisher”). Publishers affirm that they are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
2.1 We give you and other KSS users the personal right (known legally as a ‘licence’) to use KSS services and to download, access and/or stream (depending on the content) and use KSS content. This licence is for your personal use. We can stop or suspend this licence in some situations, which are explained later on.
2.2 When you buy, access or install KSS games or when you download any asset or KSS content, you might have to agree to additional contract terms with the developer/publisher of the game (e.g. they might ask you to agree to a game or content specific End User Licence Agreement). If there is any inconsistency or dispute between those ‘EULAs’ and this Agreement, then this Agreement wins.
2.3 With KSS videos, you can also stream purchased video content or download it to watch the way you want.
2.4 Using certain third-party scripts is recommended for your full use of KSS functionality and, although that usage is optional, we cannot promise full service performance without them.
3.1 Publishers are solely responsible for the content they upload and distribute on KSTORMSTUDIO.COM. Publishers affirm, represent, and warrant that they own or have the rights, licenses, permissions and consents necessary to publish, duplicate, and distribute the submitted content. By submitting content to the KSS services for distribution, Publishers also grant a license to the KSS for all patent, trademark, trade secret, copyright or other proprietary rights in and to the Content for publication on the KSS services, pursuant to this Agreement. KSS does not endorse copyright infringing activities or other intellectual property infringing activities and violations of may result in the removal of content if the KSS is notified of such violations. Removal and termination of accounts may occur without prior notice. Publishers retain all ownership rights to the submitted content, and by submitting content to the KSS services, Publishers hereby grant the following:
3.2 Publishers may set the prices, at their own discretion, for their content and products to be sold through the KSS services (each sale, a “Transaction”). KSS shall be entitled to a share of the revenue Publishers receive from Transactions which shall be calculated on the gross revenue from the Transactions, not including any Transactions for which Publisher or Company provides a refund in accordance with the transaction configuration on Publisher’s account (the “Revenue Share”). For Transactions, KSS will collect the purchase price and any applicable fees and taxes through its payment providers, and will pay to Publisher the proceeds net of the applicable Revenue Share, payment provider fees, and applicable taxes, VAT, duties, charges or levies. KSS may withhold any taxes, duties, charges or levies on payments by KSS to Publisher pursuant to this Agreement, as may be required by applicable law, rule or regulation, and submit such withheld taxes, duties, charges or levies to the appropriate tax authority. Use of IP proxies or other methods to disguise your place of residence, whether to circumvent geographic restrictions on content, to purchase at a price not applicable to your geography, or for any other purpose, is a violation of this Agreement.
3.3 Unauthorized content. Publisher cannot upload music, movies, software, or any other licensed materials without appropriate authorization, resell or redistribute illegally imported or exported products, unauthorized sale of brand name or designer products or services, any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party.
3.4 Publisher can upload mature content but no pornography depicting explicit sexual acts.
3.5 It is not allowed uploading ny games of chance including gambling, internet gambling and sweepstakes, sports forecasting and lotteries.
4.1 To buy KSS content from KSS services, and in some cases to play/use KSS content where our partners require use of a KSS account, you will need to set up a KSS account. This will involve creating a password (which is encrypted so we can’t access it) and a username, plus giving us (for identification purposes) your email address. Please make sure your login credentials are kept secure and your account is used properly. In your KSS account settings you can also optionally set your country of residence, birthday and avatar. Our Privacy Policy gives more detail about the information we collect from you and how we use it and protect it. It’s here.
4.2 You can use your KSS account to set up a public profile accessible by other people. You can also use your KSS account to connect with other KSS users. Please act sensibly and remember you are responsible for your own actions.
4.3 Your KSS account and KSS informations are personal to you and cannot be shared with, sold, gifted or transferred to anyone else. Your access to and use of them is subject to KSS’s rules which are set out here, as updated or amended when necessary.
5.1 Because KSS gives you access to many different services, assets, content and games created at different times and via different platforms, we cannot give you one set of system requirements for all KSS services or KSS content. Please make sure your computer and Internet connection are good enough to use KSS services and play KSS games and videos.
5.2 What we can tell you is that using any KSS game will require a computer, equipped with a mouse and keyboard and/or gamepad (touchscreen controls are not supported), with an appropriate operating system (please refer to the relevant KSS product page) with all service packs and important updates installed on it. All KSS games should be natively installed on a computer that meets or exceeds the minimum hardware and software specifications shown on the KSS product page. KSS games are not tested on virtual machine software and therefore we do not support playing through them.
5.3 For KSS videos, please make sure your video player supports the videos’ format specified in the KSS product page.
5.4 Just so we’re clear, you are responsible for making sure you have sufficient Internet access to download purchased KSS games or KSS videos from us or to stream KSS videos and that your system can play KSS games and watch KSS videos.
6.1 After you decide that you like a KSS game, KSS assets or other KSS content, you usually will need to pay for it before you can access it (though we do have some free content too!). You can pay in different ways: (i) using a valid debit or credit card (we handle payments via Stripe); or (ii) using PayPal or any other authorised payment providers. Keep your payment details secure.
6.2 When you use a payment method to buy KSS content, we’re relying on your promise that you’re able to use that method. You are responsible for any purchases made using your KSS account or payment method and you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. All payments are non-refundable and non-transferable except as expressly provided in this Agreement. Kids – your parent or guardian needs to approve any purchase you make.
6.3 You can always pay for KSS content in UK British Pounds. However if you happen to live in countries where your local currency is supported, you will be able to pay in your local currency. You might have to pay a currency conversion charge if you are not paying in your home currency and some banks might also add other kinds of transaction fees.
6.4. All prices are visible in the product catalogue page. They’re inclusive of legally applicable sales taxes/VAT.
WALLET
6.5 KSS offers users a digital account balance called the “KSS Wallet” in connection with your user account, which you can use to make purchases of KSS content on dedicated KSS services. Funds can be added to it using your chosen payment method.
KSS Bonus Codes
6.6. We may also issue time-limited bonus codes which give you free or reduced price access to KSS content (we’ll call them “Bonus Codes” or “Coupons Code”). If you receive Coupons Codes when you buy KSS content but later decide to return that KSS content, then we think it’s fair for you to return the Coupons Codes too.
Direct to Account Distribution
6.7 We have a direct to account distribution feature (we’ll call it ‘KSS Direct to Account) where distribution platforms who partner with us would be able to sell games or other content to you, where you could choose for that game/content to be automatically activated within your KSS account, without the need to redeem any codes. Just to be clear, the whole purchase process is handled by the other platform, so in case of any issues with the purchase process please speak with them directly. Of course, anything connected to our platform’s services is still our responsibility.
7.1 With certain KSS content you may be able to purchase or acquire virtual items and/or virtual currency (we’ll call them “Virtual Goods” for short). Virtual Goods are subject to this Agreement and in particular the following default rules, unless there are specific rules for that KSS content (which will prevail over these rules).
7.2 Virtual Goods are digital items only with no cash-value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, whether or not for other Virtual Goods, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Goods is prohibited (unless you are specifically permitted to do so). Your right to use any Virtual Goods is limited to a limited, nonexclusive, non-assignable, non-transferable, non-sublicensable, revocable licence to use them solely for your personal entertainment and non-commercial use in the applicable KSS content. You have no property interest or right or title in any Virtual Goods, which remains the appropriate publisher’s property. Virtual Goods may be changed, amended or reversed if necessary, including to enforce this Agreement. If necessary, limits may be placed on the use of Virtual Goods (including transaction limits and balance amounts).
7.3 The existence of a particular offer for Virtual Goods is not a commitment by us to maintain or continue to make the Virtual Goods or that offer available in the future. The scope, variety and type of Virtual Goods that you may obtain can change and we have the right to manage, modify and remove Virtual Goods if we consider necessary for the ongoing operation of KSS or KSS content or for other legitimate reasons, in which case we will have no liability to you or anyone for the exercise of such rights. We will make reasonable efforts to notify you of any such change and to explain the reason for such change.
8.1 Using the KSS website as a Users you may request a refund, and KSS may process, refund requests if the purchased content cannot run, some other issue prevents access to the content, or the product does not accurately represent what was advertised. For technical issues, KSS will direct users to the Publisher to first try to resolve such issues. To request a refund, please contact our support with your purchase information. For content selling third party external keys (e.g. Steam keys), KSS may require the Publisher to confirm cancellation of the key before a refund can be processed due to the KSS’s inability to disable access. Some Publishers utilizing older payment methods are responsible for handling refunds themselves.
8.1 Occasionally we may need to patch or update KSS services or KSS content (for example to add or remove features or to resolve software bugs). We need these rights in order to keep KSS running efficiently. Our Partners may use KSS services to roll out patches or updates for applicable KSS content.
9.1 KSS services including (but not limited to) their graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content, and all legal and exploitation rights regarding them are either owned by us or we license them from third parties. KSS content is owned by its developers/publishers and licensed by us. All rights are reserved except as we have explained in this Agreement. You may not use or exploit any part of the KSS services or KSS content except as explained in this Agreement.
10.1 We respect the intellectual property of others and we expect the users of our services do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright or other intellectual property rights infringement and is accessible through a website or other online service operated by us, you may notify us in relation to applicable intellectual property rights, or the United States’ Digital Millennium Copyright Act 1998 (DMCA).
To file an infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel):
• A physical or electronic signature of a person authorised to act on behalf of the copyright owner.
• Identification of the work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and which is requested to be removed or disabled, along information reasonably sufficient to enable us to locate the material.
• Information reasonably sufficient to enable us to contact you, for example an email address, telephone number or other contact details.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury under the DMCA, that you are authorised to act on behalf of the owner of an exclusive right which allegedly is infringed
Please send this notification by email to [email protected].
11.1 Please follow these rules regarding the KSS services and KSS content. Please read these rules carefully since failure to follow them (particularly those in relation to cheating) will be considered a material breach of this Agreement, which could lead to suspension or cancellation of your access to KSS services. Here are the rules:
12.1 This section is about content (e.g. text, photos or links) which you make available either to us or to other KSS users via KSS services (for example through your profile picture or through messages to other KSS users). We’ll call this “User Generated Content”.
12.2 As far as we and you are concerned, you own any User Generated Content but we need you to give us some limited rights over it so that we can actually transmit it through KSS services. So, we ask you to give us a nonexclusive, irrevocable licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with KSS services.
12.3 It is your responsibility to make sure that you have all necessary legal rights before you use User Generated Content and for checking they are safe to use – we can’t know that ourselves, and we can’t check it for you, so we have to rely on you.
12.4. However, we have the right (but not the obligation) to review and if appropriate or legally necessary to remove any User Generated Content which is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or pornographic. If you find that any such content has been posted on KSS services, please let us know by contacting us at [email protected].
13.1 You’re welcome to give us feedback and suggestions to improve KSS services and we really value them all. However, just so we’re clear, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.
14.1 For fan work (e.g. works like fan mods, machinima, parodies, homages, ‘Let’s Play’ or other videos or artwork), you need to check with the content owner (e.g. the developer or publisher) if they are OK with it and if so you should get permission from them. The reason is simple – the KSS content is the property of the respective owner, not ours.
15.1 You might get links to third-party websites or content through KSS services which aren’t connected to us. Using them is up to you – we’re not responsible for them, we can’t promise they will work, what they’ll be like or if they’re free.
15.2 You can also use your KSS account to get easy access to some external, KSS approved partner services. They will have their own terms and conditions which you will need to agree and follow. Just to be clear: using these services is all optional and up to you. You have the power!
16.1 We warrant that: (i) we have the right to enter this Agreement and to grant you the licence to use KSS services in section 2.1; and (ii) we will take reasonable care with the KSS services and your use of them; and (iii) we will use reasonable endeavours to comply with applicable laws in performing our obligations to you under this Agreement.
16.2. Your representations and warranties. You represent and warrant that you have the full power and ability to enter into this Agreement and will follow fully its terms. You also represent and warrant that any User Generated Content, which you transmit via KSS services does not infringe upon the intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or pornographic.
16.3. We work hard to try to make KSS content work on your systems but we only have limited time to carry out tests and we don’t always get everything right. Therefore, we can’t accept any liability or responsibility for KSS content except where required by law. We are also not responsible for anything that happens to KSTORMSTUDIO.COM or KSS services which is outside of our control. However, don’t forget you may be entitled to KSS content return.
17.1 Your right to terminate the Agreement. You may terminate this Agreement at any time and without giving any reason by completely ceasing to use KSS services. If you would like us to delete your account please contact our Support Team. Termination will not affect already existing rights or obligations of us or you.
17.2. Our right to terminate the Agreement. If you materially breach this Agreement, we reserve the right to suspend or cancel your access to KSS services and KSS content. By material breach of the Agreement we mean a serious breach which could cause significant harm to KSS, KSS users, as well as, in particular breach of the provisions of section 11 above. If we suspend or cancel your access to KSS services or KSS content we’ll take reasonable steps to contact you to explain why we’ve done this and what (if anything) you can do as a result.
17.3 It seems very unlikely, but if we have to stop providing access to KSS services and KSS content permanently (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by posting a note on www.KSTORMSTUSIO.COM and sending an email to every registered users – during that time you should be able to download any KSS content you purchased.
18.1 Neither you nor us will be liable for any failure to perform any obligation under this Agreement or to provide access to KSS services and KSS content if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or unpredictable events.
19.1 You and we agree that your use of KSS services and KSS content and this Agreement will be governed by and interpreted according to the laws of England and Wales and that any dispute regarding this Agreement will be heard non-exclusively by the common courts of England and Wales. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses
19.2. The above choice of governing law and jurisdiction is subject to any mandatorily applicable principles of consumer protection or other law in your jurisdiction of residence which would not otherwise be available.
20.1.If you have concerns, claims or issues with us, we hope we can resolve them quickly and friendly. We will make reasonable and good faith efforts to resolve any dispute between us informally. We undertake to answer to any claim within 14 days.
21.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
21.2 This Agreement (including any KSS additional terms referenced in it) and the KSS Privacy Policy constitute the entire agreement between you and us and supersede any earlier oral or written agreements. If you disagree with this, please contact us as soon as possible after you start using KSS services at [email protected] since otherwise this will be binding on you after a reasonable time period (usually 30 days).
21.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.
21.4 Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.
21.5 If there is a reorganisation, sale or merger of KSS then we may need to work with relevant third parties to transfer or merge your KSS account.
21.6. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply this Agreement
21.7 We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of KSS , as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.
22.1 We may change this Agreement if we think it’s necessary, e.g. for legal reasons or to reflect changes in KSS services or KSS content.
22.2 If you don’t agree to those changes then unfortunately we must ask you to cease using KSS services and KSS content. We’re sorry we have to say that, but we hope you’ll appreciate that for KSS services to work properly we need to have everyone using it under the same rules instead of different people having different rules. That’s why we encourage you to get in contact if you have queries or concerns.
22.3 Just so you know, we’ll never just make a bunch of changes to this Agreement, not tell you what they are and force you to agree to changes you don’t understand before you can use KSS services!
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