Other5 Games – For all the Others out there

Terms of Supply

These terms apply to the supply by us to you of any digital content, functionality, features,

tools, products, hosting services and other services on or through our website (together

“website resources”) and any purchases you make on our website. Please read them carefully

before you sign up for, and open a website account, and/ or buy any website resources from

our website, as they set out important information about your and our rights and obligations.

You must agree to these terms before you sign up for and open a website account.

You must be at least 18 years old to sign up for and open a website account.

Your attention is particularly drawn to clause 19 (Our responsibility to you) of these terms,

which sets out important limits and exclusions of our liability to you.

Please note that a “creation” is either a game or any other intellectual property that can be

used by you or any other users in accordance with these terms and conditions and our EULA.

For the purpose of these terms and conditions, a Creator creates a creation.

1 About us

We are Other5 Games Limited, a company registered in England and Wales under company

number: 14595261. Our registered office is at: 142 Crofton Park Road, London, England, SE4

1AL.

2 How to contact us

You can contact us by sending an email to other5games.x[email protected].

3 These terms and conditions

3.1 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Other5 Games Limited, and any

reference to ‘you’ or ‘your’ is to the person signing up for and opening a website account

and/ or buying any website resources on our website.

3.2 If you open either a basic account or a premium account, you agree to be legally bound by

these terms and conditions and this contract.

3.3 When signing up for and opening a basic account or a premium account (together a “website

account”) and/ or using or buying website resources on our website, you also agree to be

legally bound by:

3.3.1 our Website Terms and Conditions of Use;

3.3.2 any applicable end user licence agreements (“EULA”), which shall govern the licence

of any of our software, digital content and/ or intellectual property rights in the website

resources to you;

3.3.3 extra terms which may add to, or replace some of, these terms and conditions. This

may happen for various reasons including security, legal or regulatory reasons. We

will contact you to let you know if we intend to do this by giving you one month’s

notice. You can end this contract at any time by giving one month’s notice if we tell

you extra terms apply;

all of the above documents form part of this contract as though set out in full here.

3.4 You hereby acknowledge that you have read and understood theses terms and conditions

and the documents referenced in paragraph 3.3 above.

4 Opening an account on our website

4.1 Below, we set out how a legally binding contract between you and us is made.

4.2 If you wish to sign up for and open a basic account or a premium account, you will need to

include the relevant information requested on our website (including your email address) and

submit this to us in accordance with the instructions on our website. Please note that your

submission is your order request to sign up for and open an account and will be subject to

you agreeing these terms and conditions and our EULA.

4.3 We may contact you to say that we do not accept your order request. This is typically for the

following reasons:

4.3.1 we cannot open an account;

4.3.2 you are not allowed to open an account;

4.3.3 we cannot supply the website resources;

4.3.4 you are not allowed to receive or buy any website resources from us;

4.3.5 we are not allowed to provide or sell any website resources to you; or

4.3.6 there has been a mistake on the pricing or description of any website resources.

4.4 We will only accept your order request to sign up for and open an account, when we email

you to confirm this (Confirmation Email). At this point:

4.4.1 a legally binding contract will be in place between you and us; and

4.4.2 these contract terms and conditions shall govern your use of the website account and

supply of the website resources (whether free or purchased) by us to you and your

use of those website resources, whether now or at any time in the future, as varied in

accordance with these terms and conditions.

4.4.3 you should follow the relevant website account instructions on our website to

complete the set-up of your account and if applicable, a Patreon payment account.

5 Website Accounts

Basic Account

5.1 A basic account is free of charge, with the capabilities specified on our website, including the

following:

5.1.1 you can search for other users’ creations on the website, and download creations

which have been uploaded to play;

5.1.2 you can upload download data of your creations to our website and enable them to

be found by other users, but in order to do so, you must host the creation plugin

cooked-files yourself, and put appropriate links in your download data;

5.1.3 if you launch and host creations via our server you can choose to make the server’s

presence available via our website, by instructing it to list the server name and IP

address on our website, which can then be accessed by other registered basic

account and premium account users, other public users, or privately where only you

can find the discovery data; please note if you choose to make your servers visible

and discoverable in such a way, you assume all risks in connection with sharing your

computers IP address and server name, with any other users and we hereby exclude

all liability in this regard.

5.2 Once we have opened your basic account, you will need to follow the instructions on our

website to access and use the account and relevant website resources.

5.3 We reserve the right, in our absolute discretion, to change and/ or update the capabilities and/

or the basic account website resources specified on our website or add additional features,

which shall be subject to these terms and conditions and our EULA.

Premium Account

5.4 A premium account, is subject to payment of the price specified herein and/ or on our website,

with the capabilities specified on our website, including the following:

5.4.1 the capabilities specified in clause 5.1 above;

5.4.2 you can design, develop, create and exploit your own creations on our website;

5.4.3 you can upload download data and cooked game plugin files directly to the website

5.4.4 you can generate the download links for the download data automatically via a tool in

the Unreal Editor (Creator) Project;

5.4.5 you can access other creations/ projects whose creators have restricted access to

other premium users only;

5.4.6 you have your own Discord channel;

5.4.7 you may receive other benefits at our absolute discretion, such as exclusive live

stream events on YouTube, and prioritized support.

5.5 Once we have opened your premium account, you will need to follow the instructions on our

website to design, develop, create and exploit your own creations, which will include the

following stages:

5.5.1 You will be directed to visit Epic Games’ Unreal Engine web page that describes the

method for downloading and installing Epic Games Unreal Engine.

5.5.2 You should then download and install the latest Epic Games’ Unreal Engine, subject

to your agreeing to Epic Games’ EULA. For the avoidance of doubt, we hereby

exclude all liability in connection with your downloading, installing and use of Epic

Games’ Unreal Engine.

5.5.3 Once you have installed the Epic Games’ Unreal Engine on your device you should

then download our Creator Uproject on your device, which is subject to the terms of

our EULA.

5.5.4 You should then open our Creator Uproject in Unreal Engine’s Editor tool, and you

should follow the steps on our website to build your own creations.

5.6 If you use any third-party content or intellectual property in your creations, then you must

have the approval of the third-party owner. We hereby exclude all liability in relation to your

access to and use of third-party content or intellectual property. You hereby agree to

indemnify us in relation to all costs, expenses, claims, liability or damages in relation to any

claim for intellectual property infringement against us, or our directors and officers, caused by

your unauthorised access to and use of third-party content or intellectual property on our

website.

5.7 Once we have opened your premium account, you will need to follow the instructions on our

website to access and use the account and relevant website resources.

5.8 We reserve the right, in our absolute discretion, to change and/ or update the capabilities and/

or the premium account website resources specified on our website or add additional features

which, shall be subject to these terms and conditions and our EULA.

General

5.9 Creators can share their download data and creations with players or give links on the

Discord server as to where to download them, but if the download data and creations is not

uploaded to our website, then the download data and creations shall not be discoverable by

searching in the Other5 Client.

5.10 Epic Games makes available their own sets of free and paid for uncooked Uplugins, which

stipulate you cannot distribute paid Uplugin uncooked assets to those who do not also have a

paid license, and if uncooked assets of free plugins are shared, you must ensure that the

other party are also subject to the terms of the licence. Further, you should note:

5.10.1 Free or paid for cooked Uplugins from Epic Games may be shared for personal or

commercial use, subject to their content agreement.

5.10.2 For any Uplugins not provided by us, you should note that we do not provide any

warranty that the Uplugins shall conform to specification and/ or the third-party

licence terms. We hereby exclude all liability in connection with your downloading,

installing and use of third-party Uplugins.

5.11 You must ensure that any users that access and use your creations sign up with an account

with us prior to accessing and using your creations and are subject to these terms and

conditions and our EULA.

Interpretation

5.12 For the purpose of this clause 5 we define two forms of uplugins namely:

5.12.1 uncooked uplugin which is the uplugin itself which can be edited, modified, and built,

and includes uncooked assets which includes 3D models, animations, sounds, etc.;

and

5.12.2 cooked uplugin which is a distributable version only for playing in games and does

not include “source” assets like those 3D models or images that can easily be

extracted and modified and repurposed.

5.13 Subject to the terms of our EULA, you can download uncooked uplugins from us and use

them in your creations, and/ or make your own uncooked uplugins on your computers, which

you can share with other creators in our community; if you want to make your own uncooked

uplugins and for them to be added to our official collection and to be hosted on our website,

you will require our prior written approval. You should note this does not prevent you from

sharing uncooked uplugins with other community members outside of our website.

5.14 For the purpose of this clause 5, download data is just a text file in .json format, which the

user and server (for playing) can download and parse, to understand where to get the cooked

Uplugin content needed to play that creation. There are two methods of sharing your cooked

games creations to enable play which are specified on our website.

6 Availability

6.1 We cannot guarantee that your website account and/ or any of our website resources will be

available at any given time. We also cannot guarantee that access to your website account

and/ or our website resources will be uninterrupted, error free or secure. For example, access

to your website account and/ or our website resources may be temporarily unavailable while

we carry out maintenance or for other technical reasons. We hereby exclude all liability in

connection with the above.

7 Descriptions

7.1 Descriptions of our website resources are set out on our website. Please read the

descriptions carefully.

7.2 Any pictures and images provided on our website, are for illustration purposes only. Our

products and services may vary slightly from those pictures or images.

7.3 We cannot guarantee that the colours displayed on your device will match exactly the

appearance on our website. The colours displayed on our website may vary depending on

what device you are using and your settings.

8 Technical requirements

8.1 To download and use any of our website resources, your device needs to comply with the

minimum technical requirements usually expected in such circumstances and in accordance

with industry standards. You are responsible for making sure that your device meets these

requirements.

8.2 You will need internet access to access your website account and/ or download and use our

website resources and you are responsible for any charges you may incur in connection with

your download.

8.3 We are not liable to you if you are unable to access your website account and/ or download

and use our website resources, due to a poor internet connection, because your device does

not meet the minimum technical requirements, or for any other reason outside of our

reasonable control, including where a third-party blocks access to your server.

9 Providing services

9.1 Where our website resources include the provision of services (including hosting services),

such services are only available online and as specified on our website.

9.2 We will do all that we reasonably can to provide the services. If there might be a delay before

we can start or restart the services, we will put a notification on our Discord Server, to let you

know as soon as reasonably possible. You should regularly check the Discord Server.

However, we are not liable to you for any losses you incur as a result of any delay caused by

circumstances beyond our reasonable control (for example, third party suppliers including

broadband and web hosting suppliers, hackers and disrupters etc).

9.3 Where a delay is caused by circumstances beyond our reasonable control, we will usually try

to start or restart the services as soon as the issue causing the delay has been resolved.

9.4 We are not liable to you for any losses you incur where the services are delayed by

circumstances outside our control or cannot be performed or because you fail to provide us

with adequate instructions or information to allow us to perform the services, or because of

any other failure on your part which prevent the supply of the services by us and/ or your use

of the services.

10 Download and Delivery of website resources including digital content

10.1 Where certain website resources can be downloaded, then you should follow relevant

instructions on our website. Please note that you lose your right to cancel any download, once

you start to download our website resources. See clause 15 below for more information on

your cancellation rights.

10.2 If you do not own the device you use to download our website resources, you must obtain

permission from the owner to download our website resources onto their device.

10.3 If you are having trouble downloading our website resources, please email us at

other5games[email protected].

10.4 Instructions on how to download and use our website resources can be accessed on our

website.

11 Permission to download and use website resources, including digital content

11.1 You acknowledge that the terms of our EULA, shall apply to downloading and use of any

website resources, including software and digital content. Please read the EULA carefully as

it sets out important information about what you are permitted to do with our website

resources including software and digital content, restrictions on your use of our website

resources and our rights if you fail to comply with the EULA.

11.2 You acknowledge that if you make a creation using our website resources, then we shall own

the intellectual property in all aspects of the creation which you have created using our

website resources, which shall be licensed to you in accordance with these terms and

conditions and the EULA.

11.3 Any website resources (including software and digital content) we provide to you was

designed for use in the US and UK. We cannot guarantee that it is appropriate or will be

available for use in locations outside of the US and UK. If you use it outside of the US and

UK, you are responsible for ensuring that you comply with any local laws.

12 Use restrictions and exploitation

12.1 If you have a basic account or premium account, then you may exploit our website resources

in accordance with these terms and conditions and/ or our EULA, on the following terms:

12.1.1 if you use the software provided by us, use the Plugins in any form provided or

accessed via our website, or utilize any of our website resources or features in any

money-making venture, whereby you receive revenue, howsoever, then you shall be

liable to pay us 5% of gross revenue generated by such exploitation above the initial

USD 10,000. This commission payment is levied on all revenue generated from such

exploitation.

12.1.2 You shall also be liable for payment pursuant to clause 12.1.1, where the revenue is

generated: (i) by you whether directly or indirectly, including via any legal entity in

which you have an interest.

12.1.3 by way of example, if you generate gross revenue of USD 20,000 then you shall be

liable to pay us USD 500.

12.1.4 you will prepare and send to us, quarterly statements for the periods ended 31st

March, 30th June, 30th September and 31st December, within 14 days of the quarter

end, which includes details of the creation and the total gross revenue generated for

that quarter, and the commission calculation.

12.1.5 the commission shall be paid to us in cleared funds within 21 days of the quarter end,

to a bank account as nominated by us. Time of payment shall be of the essence.

12.1.6 We reserve the right to audit (whether by ourselves or a third party appointed by us)

your books of account once in each calendar year. If we identify any underpayment,

you agree to pay the amount outstanding, immediately upon our notification of the

underpayment to you. You shall also be liable for all our fees and expenses incurred

in conducting the audit, which you shall pay immediately upon notification of the same

to you.

12.2 You must immediately notify us at other5games.x[email protected] of any monetization as

detailed in clause 12.1, above USD 10,000. Any failure to do so: (i) will result in immediate

liability to pay all outstanding commission payments determined in accordance with clause

12.1.1, on all revenue generated to date; (ii) may result in: (a) additional reasonable penalties

as determined by us in our absolute discretion; and (b) liability for fees incurred by us in

connection with the non-notification; and (c) late payment interest on the outstanding

commission payments.

12.3 Any users who share Cooked Plugin data with other users, who subsequently monetize that

users creations, howsoever, hereby acknowledge that we are not responsible or liable for

such exploitation and monetization and we hereby exclude all liability in connection with the

same.

12.4 We will not utilize user created Cooked or Uncooked Unreal plugins for monetized distribution

projects without the written consent of the creator.

12.5 We reserve the right to utilize any and all creations hosted or made non-privately discoverable

on our website for marketing purposes.

12.6 Creators assume all risks associated with any website data, including download data, Cooked

Unreal Plugin files, they make available to the public. We hereby exclude all liability in

connection with the same.

12.7 You acknowledge that at any time files can be made more secure and restrictive by changing

their access level, and we will not be responsible for use or abuse of downloaded files by

users (be they basic account or premium account holders, or the general public).

12.8 If you create a creation and upload your cooked Unreal plugins to our website or GDrive, for

instance to play your fun experience, you acknowledge that there is a risk of a third-party

making another creation, that adds a monetization layer (pay here to go play), which then

simply directs users to your creation after payment. You are responsible for addressing this

risk. We hereby exclude all liability in connection with the same.

12.9 You also acknowledge that there is a risk that a third party could replicate your creation. You

are responsible for addressing this risk. We hereby exclude all liability in connection with the

same.

13 Prices

13.1 Where we charge for any of our website resources, prices for such website resources are set

out on our website. All prices are in USD and shall be subject to any applicable sales tax as

determined by Patreon.

13.2 We reserve the right to change our prices at any time.

13.3 If there has been an error on the website regarding the pricing of any of our website

resources and this affects your order request, we will try to contact you using the contact

details you provided when you opened your website account. We will give you the option to

re-confirm your order request at the correct price, or to cancel your order request. If we are

unable to contact you, we will treat the order as cancelled and notify you by email.

14 Payment

14.1 Any payment to us, must be undertaken using the Patreon payment system, which will be

subject to Patreon’s terms and conditions. Our website includes details of how to access

Patreon.

14.2 Any website resources you buy from us must be paid for in advance using Patreon.

14.3 If there are any payment issues, then they will be subject to Patreon’s terms and condition. If

payment is not received by Patreon and/ or us, then we will cancel your order request and

notify you by email.

15 Your right to cancel

15.1 Except in the circumstances listed in clause 15.2, and in accordance with the terms of this

paragraph, you have the right to change your mind and cancel your order request in respect

of website resources; you have 14 days from the date of your order request Confirmation

Email to cancel your order.

15.2 You do not have the right to cancel orders for bespoke or personalised website resources.

You also lose your right to cancel in the following circumstances:

15.2.1 if you requested for us to start providing any services during the 14-day cancellation

period; or

15.2.2 once you start to download any website resources including software and digital

content or upload any data or creations.

15.3 To cancel your order request, please email us at other5games.x[email protected]. To help us

process your cancellation more quickly, please email us from the email address associated

with your website account.

15.4 If you exercise your right to cancel under clause 155, and you are a premium account holder,

and you have a right to a refund, we will provide you with a refund as soon as possible; for the

avoidance of doubt we will issue the refund no later than 14 days after the day on which you

told us that you want to cancel, providing you provide sufficient detail, including your email

address, for us to be able to accurately verify your identity.

15.5 We will issue your refund to the same payment method you used when you placed your

order.

15.6 For the avoidance of doubt, If the right to cancel does not apply because of one of the

circumstances listed in clause 15.2, you will not be entitled to a refund.

16 Faulty website resources

Premium Account

16.1 Any non-service website resources that we provide to you must be as described, fit for

purpose and of satisfactory quality. Any services that we provide to you must be provided with

reasonable care and skill.

16.2 If a service is not carried out with reasonable care and skill, you can ask us to repeat the

service or to fix it.

16.3 If any non-service website resources, including digital content are faulty, you are entitled to a

repair or a replacement.

16.4 If there is a problem with any website resources you have purchased from us, please contact

us as soon as reasonably possible.

Basic Account

16.5 If a service is not carried out with reasonable care and skill, you can ask us to repeat the

service or to fix it. If this is not possible either us or you can terminate this contract in

accordance with clause 20.

16.6 If any non-service website resources, including digital content are faulty, you are entitled to a

repair or a replacement. If the fault cannot be fixed, either us or you can terminate this

contract in accordance with clause 20.

General

16.7 This is a summary of some of your key rights. They are in addition to your cancellation rights

set out in clause 155 above.

17 Events beyond our control

We are not liable to you if we fail to comply with these terms and conditions because of

circumstances beyond our reasonable control.

18 Your responsibilities

18.1 You must not:

18.1.1 post any malicious, harmful, discriminatory, racist, sexist, terrorist or otherwise illegal

content or messages on our website. We reserve the right to remove such content or

messages immediately and/ or permanently disable or close your website account

and terminate our contract with you.

18.1.2 use our website for any illegal acts, including threatening behaviour and promoting

dissent, or acts of terrorism.

18.1.3 use any third-party intellectual property rights on our website without consent.

18.1.4 infringe any third-party intellectual property rights.

18.1.5 disclose your website account code to any third party.

18.1.6 cause or enhance any cyber security risk and/ or damage to our website.

18.1.7 allow unauthorised access to your creations whether via your IP address or

otherwise; any user accessing your creations must open a website account with us.

18.1.8 circumvent clause 12 howsoever.

18.1.9 allow or enable any third-party to generate revenue from our software, Uplugins or

website resources, without that third party being subject to the provisions of these

terms and conditions and our EULA.

18.1.10 exploit your creations, except on our website, unless you obtain our prior written

consent to exploit them elsewhere, which may be subject to additional specific terms

which we may impose on you to govern such an arrangement.

18.1.11 use our website resources, other than in connection with our website.

18.2 You must act in accordance with all applicable laws.

18.3 You agree to indemnify us and keep us indemnified against all losses, liability, damages,

costs, expenses, claims arising in connection with any breach by you of clauses 18.1 and

18.2 above.

19 Our rights, liability and responsibility to you

19.1 We exclude all liability in connection with any third-party actions and/ or the actions of any

users or members of our community, which result in:

19.1.1 loss or damage to your creations and/ or revenue generated there from.

19.1.2 damage to our website which prevents you from accessing your website account and/

or using our website resources.

19.1.3 any harm or offence to you.

19.2 We exclude all liability in connection with:

19.2.1 any hacking of your website account and/ or our website any other malicious activity

regarding your website account and/ or our website.

19.2.2 any compromise of our website cyber security.

19.3 We exclude all liability for: (i) special, indirect and consequential loss or damage; and (ii) loss

of revenue and profits, loss of goodwill, loss of any anticipated savings.

19.4 Our entire liability to you is capped at the total fees we receive from you, in connection with

the provision of our website resources, pursuant to this contract.

19.5 Nothing in these terms excludes or limits our liability for any death or personal injury caused

by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that

the law does not allow us to exclude or limit.

20 Termination

20.1 If you are a basic account holder:

20.1.1 we reserve the right to terminate our contract with you and to cease to supply the

website resources immediately upon notice, if you are in breach of the terms of this

contract or the EULA, or we are unable to provide the website resources to you for

what-ever reason.

20.1.2 you can terminate this contract immediately upon written termination notice to us.

20.2 If you are a premium account holder:

20.2.1 we reserve the right to terminate our contract with you and to cease to supply the

website resources:

(a) immediately upon written notice, if you are in breach of the terms of this

contract or the EULA, or we are unable to provide the website resources to

you for what-ever reason; or

(b) on one months’ prior written notice

20.2.2 you can terminate this contract immediately upon written termination notice to us, but

in such circumstances, we shall be permitted to retain any fees that you have paid to

us via Patreon; you shall not be entitled to a refund. You should also terminate future

payment arrangements with Patreon.

21 Your information

Any personal information that you provide to us will be dealt with in line with our Privacy

Policy, which explains what information we collect and hold about you, and how we collect,

store, use and share such information.

22 No third-party rights

No one other than us or you have any right to enforce any of these terms and conditions.

23 Transfer of rights

23.1 We may transfer our rights under these terms to another business without your consent, but

we will notify you of the transfer and make sure that your rights are not adversely affected as

a result.

23.2 You are not allowed to transfer your rights under these terms to anyone without our prior

written consent.

24 Complaints

24.1 If you are unhappy with us or the website resources we have provided to you, please contact

us at other5games.x[email protected]

25 Governing law and jurisdiction

25.1 The laws of England and Wales apply to these terms.

25.2 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.