Terms of Service

1. Agreeing to these terms

These Terms of Service (“Terms”) are an agreement between you and Eclipse Publishing & Game Studios LLC (“Kettle Flame Games”, “we”, “us”), a New York limited liability company. They apply to kettleflamegames.com, support, the forms on the site, our newsletter and our other online services that link to these Terms (together, the “Services”).

By using the Services, you agree to these Terms and confirm you’ve read our Privacy Policy. If you don’t agree, please don’t use the Services.

The section on disputes and arbitration contains a binding arbitration agreement and a class action waiver that affect how disputes are resolved if you live in the United States. You can opt out within 30 days.

If you use the Services on behalf of a company or studio, you agree to these Terms for it and confirm you’re authorized to do so; “you” then includes that company.

2. Who can use the Services

You must be at least 13 years old to sign up for the newsletter or submit a form. If you’re under 18 (or the age of majority where you live), a parent or guardian must agree to these Terms for you, and in countries where the age of digital consent is higher than 13, you need their permission. Job applicants must be 18 or older. You can’t use the Services if you’re barred from doing so under the laws that apply to you, including US sanctions laws, or if we’ve previously blocked you for breaking these Terms.

3. What the Services are

The Services let you read about our games and studio, read our news, get support, apply for jobs, ask us about client work, and sign up for our newsletter. We may add, change or remove features, and we may suspend or stop the Services, at any time. Where a change materially affects you, we’ll try to give reasonable notice.

Information on the site (including game features, release plans and the numbers on game pages) describes our plans at the time and may change before release. It is not a promise or a contractual offer.

4. Acceptable use

When you use the Services, you agree not to:

• break any law or anyone’s rights, including intellectual property and privacy rights;
• harass, threaten, abuse, impersonate or discriminate against anyone, including our staff;
• send spam, chain messages, malware, or misleading or fraudulent content;
• try to get into data or systems that aren’t yours, probe or test our security (except under Reporting security issues), or get around any access control or rate limit;
• scrape, crawl or harvest the Services or other users’ information by automated means, except search engines following our robots.txt;
• overload, disrupt or interfere with the Services or the networks behind them;
• copy, modify, reverse engineer or resell the Services, except where the law expressly allows it;
• help or encourage anyone else to do any of these things.

Our Discord server and social channels have their own rules, and the platforms’ own terms apply there too.

5. What you send us

You keep ownership of what you send through the Services, such as support messages, applications, project details, links and files (“Your Content”). You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process and use Your Content only as needed to run the Services, help you, and do what you asked us to do (for example, quote for a project or consider your application). This license ends when Your Content is deleted, except for copies we must keep by law or that remain for a short time in backups.

You promise you have the right to send Your Content, that it’s accurate, and that it doesn’t break these Terms or anyone’s rights. We may remove Your Content that we reasonably believe breaks these Terms.

6. Ideas and feedback

We love hearing what you think. If you send us suggestions, feedback or ideas about our games or Services (“Feedback”), you agree we may use them freely, for any purpose, without paying you or crediting you, and you waive any moral rights in them to the extent the law allows.

We make games, and we may already be working on something similar to an idea you send us. So please don’t send us game ideas, pitches, designs or stories you want to keep confidential unless we have signed an agreement with you first. Unsolicited ideas are not confidential, and receiving one doesn’t create any obligation for us.

7. Our content and brand

The Services and everything we put in them, including text, art, screenshots, video, music, logos, code and design, belong to us or our licensors and are protected by copyright and other laws. Our names (“Kettle Flame Games” and “Sore Losers”), the kettle logo and our game logos are ours too, so please don’t use them in a way that suggests we made, sponsor or endorse something we didn’t.

We give you a personal, non-exclusive, non-transferable, revocable license to view and use the Services for your own non-commercial use, under these Terms. Apart from that and from Videos, streams and fan content, you can’t copy, distribute, sell or make derivative works from our content, or use our names and logos, without our written permission. Press can use the screenshots and logos on our site to cover our games.

8. Videos, streams and fan content

You’re welcome to stream our games, make videos of them, and make fan art and other fan content, and to monetize your videos and streams through the platforms’ normal partner programs (ads, subscriptions, donations), as long as:

• you don’t say or suggest that we made, endorse or sponsor your content unless we have;
• you don’t sell our art, music or logos on their own, or put them on merchandise;
• you don’t share builds, assets or information we’ve asked you to keep confidential (for example, from a closed playtest);
• your content isn’t hateful, illegal or misleading.

A game’s own license or store page may add to this. We can withdraw this permission for specific content that breaks these rules.

9. Our games and playtests

Our games are sold, downloaded and played through third-party stores such as Steam. Buying, refunding and playing a game is governed by that store’s terms (for Steam, the Steam Subscriber Agreement and Steam’s refund policy) and by any end-user license agreement for the game. These Terms don’t change those.

We sometimes run playtests or share early builds. Early builds may be unfinished, buggy or lose progress, and we may change or end a playtest at any time. If we ask you to keep a playtest confidential, you agree to do so.

10. Client work

We do multiplayer, netcode and QA work for other studios. Prices, packages, timelines and descriptions on the site are general information and starting points. They are not offers that can be accepted. A quote from us is valid for 30 days unless it says otherwise.

Any client work is governed by a separate written agreement or accepted quote (a “Client Agreement”) covering scope, price, payment, ownership of work, confidentiality and warranties. If a Client Agreement conflicts with these Terms, the Client Agreement wins for that work. Sending a project inquiry doesn’t create a contract or any obligation for either of us, and doesn’t make anything you send confidential unless we have signed an NDA or Client Agreement.

11. Job applications

Applying for a role doesn’t create an employment or contractor relationship or any obligation to hire you. Any role is offered only by a written offer from us, and any work is governed by that offer and its agreement. Everything you tell us in an application must be true. We consider applicants without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status or any other characteristic protected by law.

12. Emails from us

When you contact us we reply by email, for example with answers to your support request, a quote, or a decision on your application. We send the newsletter only if you signed up for it; every newsletter has an unsubscribe link, and you can also unsubscribe at /unsubscribe. You agree we can communicate with you electronically, and that electronic notices meet any legal requirement for notices to be in writing.

13. Other companies' services and links

The Services link to and rely on services we don’t control, such as Steam, Discord, YouTube, X, Instagram and itch.io. Their terms and privacy policies apply when you use them. We aren’t responsible for their content, availability or practices, and a link isn’t an endorsement.

14. Copyright complaints

We respect intellectual property rights and respond to notices that follow the US Digital Millennium Copyright Act (DMCA). If you believe content on the Services infringes your copyright, send a notice to support@kettleflamegames.com with:

1. your physical or electronic signature;
2. a description of the copyrighted work you say is infringed;
3. where the material is on the Services (the URL), in enough detail for us to find it;
4. your name, address, phone number and email address;
5. a statement that you believe in good faith the use isn’t authorized by the owner, its agent or the law;
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner.

If your content was removed and you believe that was a mistake, you can send a counter-notice to the same address with the information the DMCA requires. We’ll block repeat infringers in appropriate circumstances. Knowingly false notices can make you liable for damages.

15. Reporting security issues

If you find a security vulnerability in the Services, please tell us at support@kettleflamegames.com with enough detail to reproduce it, and give us reasonable time to fix it before sharing it. Don’t access, change or delete other people’s data, disrupt the Services, or use social engineering. If you follow these rules in good faith, we won’t pursue legal action against you for your research.

16. Suspension and ending things

You can stop using the Services at any time. We may block or limit your access to the Services if you break these Terms, if we must for legal reasons, or if your use risks harm to us, other users or the Services. Where it’s reasonable, we’ll tell you why and give you a chance to respond. If you think we got it wrong, contact support@kettleflamegames.com.

The sections on what you send us, ideas and feedback, our content, disclaimers, limits on liability, indemnity, disputes and general terms continue to apply after these Terms end.

17. Disclaimers

WE WORK HARD ON THE SERVICES, BUT TO THE FULLEST EXTENT THE LAW ALLOWS, THEY ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DON’T PROMISE THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT INFORMATION ON THEM IS COMPLETE OR CURRENT.

Some places don’t allow these exclusions, so some of them may not apply to you. Nothing in these Terms limits rights you have as a consumer that can’t be limited by contract.

18. Limits on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, KETTLE FLAME GAMES AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND AGENTS WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (B) US $100. This doesn’t apply to client work, where the Client Agreement sets the limits.

Nothing in these Terms excludes or limits liability that can’t be excluded or limited by law, such as liability for fraud, or for death or personal injury caused by negligence.

19. Indemnity

To the extent the law allows, you agree to defend, indemnify and hold harmless Kettle Flame Games and its owners, employees, contractors and agents from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from Your Content, your misuse of the Services, or your breaking these Terms or the law. We’ll tell you about any such claim and may take control of the defense at our own cost. This section doesn’t apply to consumers in places where it isn’t allowed.

20. Disputes and arbitration (United States)

Please read this section carefully. It affects your rights. It applies if you live in the United States, or if you use the Services on behalf of a business.

Talk to us first. Before starting any claim, send a written description of the dispute and what you want to support@kettleflamegames.com. We’ll do the same if we have a dispute with you. Both sides agree to try in good faith to resolve it informally for 60 days before starting arbitration or a court case.

Binding individual arbitration. If we can’t resolve it, any dispute, claim or controversy arising out of or relating to the Services or these Terms (including whether this section applies) will be resolved by final and binding arbitration, not in court, except as below. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you use the Services for a business), before a single arbitrator. The Federal Arbitration Act governs this section. The hearing may be held by video, by phone, on written submissions, or in the county where you live or in the State of New York. If you are a consumer, we’ll pay the AAA filing and arbitrator fees beyond what you would pay to file in court, unless the arbitrator finds your claim frivolous.

Class action waiver. You and Kettle Flame Games may bring claims against each other only individually, not as a plaintiff or class member in any class, collective or representative action. The arbitrator can’t combine more than one person’s claims or preside over any kind of class or representative proceeding. If this waiver is found unenforceable for a claim, that claim must be decided in court, not in arbitration.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may go to court to stop infringement or misuse of intellectual property.

Opting out. You can opt out of arbitration within 30 days of first agreeing to these Terms by emailing support@kettleflamegames.com with your name, your email address and a clear statement that you opt out of arbitration. Opting out doesn’t affect any other part of these Terms.

Changes. If we change this section after you agreed to it, you can reject the change by emailing us within 30 days, and the earlier version will continue to apply to you.

21. Governing law and courts

These Terms are governed by the laws of the State of New York and the United States, without regard to conflict-of-law rules. Any dispute not subject to arbitration will be decided only by the state and federal courts located in the State of New York, and both of us consent to their jurisdiction.

If you are a consumer living in the European Union, the United Kingdom or another country that gives you the right to bring claims in your local courts or under your local law, nothing in these Terms takes those rights away. EU consumers can also use the EU’s online dispute resolution information at ec.europa.eu/consumers.

22. Changes to these terms

We may update these Terms from time to time, and we’ll change the effective date at the top. If a change is material, we’ll tell you before it takes effect, by email if we have your address or with a notice on the site. If you don’t agree to a change, stop using the Services. Changes don’t apply to disputes that started before the change.

23. General

• Whole agreement. These Terms, the Privacy Policy and any terms for a specific service or Client Agreement are the whole agreement between us about the Services.
• Severability. If part of these Terms is found unenforceable, it will be enforced as far as possible, and the rest stays in effect.
• No waiver. If we don’t enforce a right, we haven’t given it up.
• Assignment. You can’t transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets, or to an affiliate.
• Things outside our control. We aren’t responsible for delays or failures caused by events beyond our reasonable control.
• Independence. Nothing in these Terms makes us partners, employer and employee, or agents of each other.
• Notices. We’ll send notices to the email you gave us or post them on the Services. Send notices to us at support@kettleflamegames.com.
• Language. These Terms are written in English, and the English version controls.
• California users. Under California Civil Code Section 1789.3, you can report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

24. Contact us

Questions about these Terms: support@kettleflamegames.com. For help with a game, use our support page.