Welcome to the GmodStore marketplace
1. Welcome to GmodStore! We're Everyday and we think it's awesome to have you here, we hope you will enjoy your stay. When we say "us", "we", "our" or "Everyday" it's because that's who we are, and we own and operate the GmodStore platform.
2. GmodStore's marketplace of digital products and the jobs section helps thousands of individuals around the world get creative and earn in Garry's Mod and related services (We are not affiliated with Facepunch Studios Ltd or Valve Corporation). Creating an account with us and accepting these terms makes you a member of GmodStore. You will have a GmodStore account which will allow you to shop for and sell products, create or apply to jobs and make other related transactions.
3. The GmodStore marketplace is a platform that allow members to shop for and sell licences to use digital products like Garry's Mod game modifications, websites related to Garry's Mod, software code, game models, game maps, and much more. On GmodStore, customers and merchants transact with each other directly. We provide the platform to allow these transactions to take place.
4. The products on GmodStore are owned by the merchants, not by us. The products on GmodStore are uploaded at the direction of the merchant. We offer the services that enable you to put your products on the market, we do not take ownership of the products.
5. When using our marketplace or services you agree to comply with the rules set forth in these terms, therefore it's important that you read and understand them. If you don't agree to our terms you will unfortunately be required to leave because your presence on and use of the GmodStore site or platform is conditional on your acceptance of these terms and the Acceptable Use Policy, whether you become a member or not.
Browsing and membership
6. Browsing: You need to be at least 13 years of age and the minimum age of digital consent in your country to browse and use the GmodStore site. We do not knowingly collect any information from anyone below the age of 13. While browsing the site you agree to abide by our terms and guidelines and be aware that these terms apply to any use of GmodStore regardless of if you're a member or not.
7. Age: In order to become a member or purchase products, you will need to be at least 16 years of age or older. If you're under the age of 16 you need to get a parent / legal guardian to purchase products for you, or use the account of a parent / legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all of your activities on GmodStore. By registering as a member or providing your personal information to us you represent that you are at least 16 years of age.
8. GmodStore Account: By registering on our site you get a GmodStore account. Your membership will allow you to 'purchase' (licence) products from our merchants, make job applications, create jobs for others to apply to, engage in our online community forums, and generally contribute to our ecosystem. Being a member also gives you the opportunity to become a merchant (see section 22 — Becoming a Merchant).
9. Your responsibility: It is your responsibility to make sure that all the information you give us is true, accurate and complete and, if you sign up for a GmodStore account, that you will keep your account information up-to-date (including a working email address). Your account and the content associated with your account is non-transferable, that means you cannot sell your account. You are responsible for any use of the GmodStore platform including any activity that occurs in conjunction with third party login providers or your username and password. If you notice any unauthorized use of your account or any breach of security please let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
10. What you're purchasing:
- licence: When you purchase a product, you acquire the right to use that product; you're not actually acquiring the product itself. What you get includes a licence directly from the merchant to use that product. Products are subject to specific terms of usage (usage licence), and these terms are the 'licence' that we set forth on GmodStore. This licence also applies to you if you download a product that someone else has bought for you (because anyone downloading a product needs to be a GmodStore member, and, a copy of the usage licence is included in the download). Make sure you read and understand a product's licence before purchasing a product. Merchants may make amendments to the terms of each individual product.
- Product support: Merchants can choose whether to provide support for their products. If a merchant chooses to not support a product, this will be identified on the product's page. Your right to access product support requires a GmodStore account and a valid usage licence for that product.
11. The total price for a product on GmodStore is made up of:
- Product price: The price of the product, this price is set by the merchant and may be subject to change at any time.
- Taxes: Some transactions on GmodStore depending on your location may be subject to tax that may be added to the price.
12. Terms of purchasing: When you purchase a product on GmodStore you're doing so on the following terms:
- you cannot cancel a completed purchase of a product (please see our Refund Policy for further details);
- we and the merchants do not promise that any particular product will continue to be available on GmodStore so you should download and save the product as soon as you purchase it;
- once you purchase or download a product and the product has been paid for, you acquire a non-exclusive licence to use the product under the terms set forth in the usage licence (non-exclusive means others might also licence the same product);
- the merchant retains ownership of the product;
- your relevant details may be provided to the merchant of the product in order to facilitate the transaction, for example for invoicing and for support services;
- we have the right to enforce against you the terms of the licence that you have acquired from a merchant; and
- products you purchase and their associated usage licence are personal and non-transferable;
13. Warranties we make:
- We warrant that GmodStore will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
- We otherwise do not make any express or implied warranties about the GmodStore platform (or any products on the GmodStore platform).
14. Warranties merchants make: The merchant of a product you purchase warrants to you that:
- the product is of acceptable quality and fit for the purpose for which it is 'sold';
- the product matches the description given by the merchant on the product market page, as well as any product preview (i.e. a demo version, videos or screenshots);
- they will honour any express warranties given to you that are not contained in these terms;
- they have the rights necessary to licence that product on the terms of applicable licence;
- your use of that product in accordance with the terms of the applicable licence does not infringe the intellectual property rights of someone else;
- the product and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the product 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);
- the product 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;
- if the product is not marked as 'unsupported', they will provide you with support within a reasonable time-frame and reasonable limits. Unless you pay for a support period or extended support it is important to understand that a merchant may refuse support at their own discretion in cases where, but not limited to, if you disrespect the merchant or excessively rely on support. Support is not a lifetime guarantee. Keep in mind that a merchant can mark their product as 'unsupported' at any time;
- they will process your data in accordance with applicable privacy law and data protection regulations.
15. products with an incorrect price or incorrect information: Despite our reasonable efforts, products may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we'll promptly arrange for any payment to be credited or refunded and you must not use the product unless you re-purchase it at the correct price.
16. Refunds are processed at the discretion of each merchant and in accordance with the applicable product usage licence or other binding contract you have entered into with the merchant. Please see our Refund Policy for more information.
17. Disputes opened with payment agents: If, as a customer you open a dispute with a payment agent, it may result in a termination of your GmodStore account until the dispute raised with the payment agent has been cancelled. Disputes make it very complex to resolve any related issues, and means we cannot make payouts, issue refunds or correct delivery issues on that transaction. We encourage customers to contact us directly to see if we can help resolve any concerns instead of raising a dispute with their payment agent.
18. Usage: With a GmodStore account you have the ability to create jobs related to Garry's Mod and other related services, we may at our sole discretion remove jobs we do not see fit for GmodStore or jobs that we don't think align with the site's purpose, such as, but not limited to jobs that don't fit within the realm of Garry's Mod.
19. Disagreements: You acknowledge that you will attempt to the best of your ability to mediate and settle any dispute or disagreement with the job taker or job author (depending on your role).
20. Payment: You will pay for the provided service or product as originally advertised or agreed upon in the budget negotiation process. Failure to pay for the provided service or product may result in account termination.
21. Transmission of files: The job taker or applicant shall provide the job author with the purchased service or product within a timely manner of received payment. Failure to provide the purchased service or product may result in account termination.
Becoming a merchant
22. If you want to get involved with our community as a merchant you can start the process of submitting a product here. Remember that if you want to become a merchant these terms will continue to apply, along with the Merchant Terms you'll agree to as a merchant.
23. What we own: We own all the GmodStore content that we have put on GmodStore (unless stated otherwise and excluding content owned by others, like our merchants). This includes the UX design (the look and feel of the website), and copyright, trademarks, graphics, logos and other intellectual property on GmodStore. We own all the trademarks, logos, service marks and trade names on GmodStore (unless otherwise stated and excluding the things owned by others). You will not copy, distribute, modify or make derivative works of GmodStore platform or use any of our intellectual property in any way not expressly stated in these terms.
24. What we don't own: Our merchants own the products on GmodStore. Products are uploaded at the direction of the merchant, therefore we cannot take responsibility for the quality, safety or legality of the products. We do not warrant that the products or any member content, code, data or materials available on or via the GmodStore marketplace do not infringe the intellectual property rights of a third party. (Each merchant provides promises to you directly when you purchase their product — see section 14 — Warranties merchants make.)
25. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others, and we require that merchants do the same. If you believe that a product or member content infringes an intellectual property right (including copyright) please contact us through a site ticket or by email at [email protected].
Our use of your information
27. Confidential Information: We care about your information and take sensible precautions to protect it. While using GmodStore, you may at some point become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through GmodStore to any other entity or person.
Sportsmanship (Fair play)
28. Prohibited Conduct: We strongly recommend that you don't make your contact details public on GmodStore. Contact details may include your email address, street address, phone number or any other information that can be used to identify you, the individual (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you acknowledge that you do so at your own risk.
29. Content removal: We can look at or remove any of your content for any reason at our sole discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or intellectual property rights notice (IPR), if we think that the content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else's rights, or if we think that your use of GmodStore and any content might result in liability to us or anyone else. Please see our Acceptable Use Policy for further details.
30. Eligibility, suspension and termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members properly. Your membership is important to us, and we hope you will stick around for a long time. But we may, using reasonable discretion, decide whether your use of GmodStore complies with these terms and our policies. We can suspend or terminate your GmodStore account at any time for any reason, including if you:
- breach these terms or any terms applicable to any of your other GmodStore accounts;
- breach any of our policies (or policies of any other Everyday Company);
- act in a way that does not align with the values of our community;
- act in a way that could cause us or our members harm; or
- register additional accounts with the purpose of bypassing a termination, or to bypass any block or denial set forth on any of your other GmodStore accounts;
If we decide to permanently terminate your GmodStore account you must not register a new account as you will unfortunately no longer be welcome in our community. This decision may also apply to all of your other GmodStore accounts and on other Everyday sites.
31. Everyday Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a 'benefit') is given in our favour in these terms or the Merchant Terms, we hold that benefit on trust for the other Everyday Companies. We may enforce that benefit as trustee for and on behalf of the other Everyday Companies as beneficiaries under that trust.
Liability and indemnity — between you and us
32. We provide the GmodStore site and platform services, not the products on the GmodStore marketplace.
33. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of GmodStore and any content you post to GmodStore (including, if you are a merchant, your products).
34. If you are a customer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the products on GmodStore;
- information provided by merchants about their products (including on any product page); and
- your use of products from GmodStore.
35. Our liability to you in connection with GmodStore or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
- our total liability to you is limited to USD100.
We may, at our expense, assume the exclusive defence and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity — between merchants and customers
36. Each merchant grants to each customer of the merchant's products a limited indemnity on the following terms:
- if another person claims that a customer's use of the product in accordance with the terms of the applicable licence infringes the intellectual property or other rights of that third party; and
- if that customer promptly notifies the merchant of the claim and gives the merchant the option to control the defence of the claim (at the merchant's cost), then the merchant will indemnify the customer against damages finally awarded by a court against the customer or any settlement damages agreed to by the merchant regarding that claim.
The liability of each merchant to their customers is otherwise limited, for each product purchased, to the merchant's earnings from the payment for that product, except to the extent that the merchant's liability arises from wilful misrepresentations made about the product.
37. Availability: We strive to have GmodStore available to you twenty-four-seven, around the clock, but you know how the internet works: on occasion you might not be able to access GmodStore, 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 GmodStore works. Everyday will not be liable to you for any loss you suffer as a result of these things.
38. Third Party: By agreeing to these terms on behalf of a third party (such as your employer), you're asserting that you have full legal authority to bind that third party.
39. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and merchants are bound only by the express warranties made in these terms. Our and each merchant's liability for breach of a non-excludable consumer guarantee is limited, at our or the merchant's option, to replacing or paying the cost of replacing the relevant product or service, (unless the non-excludable consumer guarantee says otherwise).
40. Blocking a member, disabling an account or refusing to process a payment: We may block you, terminate any of your GmodStore accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your GmodStore account, or that payment, including if it breaches a law or regulation. Examples of where we might do this includes transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, or the Norwegian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members (i.e. a chargeback risk). You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase products on GmodStore using funds sourced from a sanctioned country. We may also block members from a country if we can't make payments to, or process payments from that country. You should check what payment methods are available in your country for making payments as a customer or for withdrawing earnings as a merchant. We may take any of the actions stated in this section without notice and against all of your GmodStore accounts. If required by law we may forfeit existing deposits or earnings.
41. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the merchants only for the limited purposes of collecting payments, the merchants' providing warranties to customers in section 22 — Warranties merchants make, to limit merchants' liability to customers in section 36, and the disclaimer of merchants' liability to customers in section 39 — Consumer laws.
42. Notices: Any notice you send us must be submitted via a site ticket or by email to [email protected]. Any notice we send to you will be either emailed to your GmodStore account email address, or, if a working email address is not found, sent via a private message on GmodStore.
43. Modifications to these terms (Marketplace Terms): We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your GmodStore account and terminate your agreement with us at any time (message us in a site ticket) if you do not agree to the changes. However, if you continue to use the GmodStore platform after the changes are made, then you will be agreeing to the changes.
44. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
45. Applicable laws: We control and operate GmodStore from our offices in Norway. The laws of Norway govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
|Merchant||3||a member who makes products available for sale on GmodStore, also referred to as a "content creator".|
|Purchase||8||includes downloading a product that is made available for free on GmodStore or that is purchased for you by another member.|
|Customer||3||a person who 'purchases' products on GmodStore.|
|Everyday||1||Everyday AS (914840368)|
|Everyday Companies||31||Everyday and any company that controls, is controlled by or is under common control with Everyday.|
|GmodStore content||23||is all the content that we have put on GmodStore and includes the look and feel of GmodStore, and copyright, trademarks, designs and other intellectual property on GmodStore (unless otherwise stated and excluding content owned by others like merchant content).|
|GmodStore platform||includes the site, API and all services offered by us.|
|GmodStore account||8||what you receive when you become a Member which gives you access to GmodStore.|
|Product price||11(a)||the price customers pay for the licence to use a product, as detailed in section 11(a).|
|Products||3, 4, 8||digital goods found on GmodStore like Garry's Mod game additions, modifications, models, maps, addons and much more.|
|Member||2||a person who creates (signs up) an account and accept these terms.|
|Payment method||any payment agent or method we make available on GmodStore.|
|Your content||everything that you upload or post on GmodStore, or send via GmodStore to other members and to us including products, files, communications and materials.|
Version 2.0.1 - Effective date: December 31st, 2020.