Terms of Service

Dated: 2024-11-19

Welcome to Warehouse!

1. Introduction

1.1. Thank you for using the Warehouse platform and the products, services and features we make available to you as part of the platform (collectively, the “Service” or “Warehouse”).

1.2. Warehouse is a platform dedicated to preserving abandoned and discontinued games. We provide hosting services for private servers that allow players to continue enjoying these games.

1.3. By accessing or using Warehouse, you agree to be bound by these Terms of Service (the “Terms”, or the “Agreement”).

2. Warehouse Services

2.1. Hosting: Warehouse provides hosting services for private servers that are submitted by community members.

2.2. Moderation: Warehouse reserves the right to moderate content and activity on the platform to ensure compliance with these Terms of Service and applicable laws.

2.3. No Emulator Creation: Warehouse does not develop or create emulators. We rely on the community to submit working emulators that comply with applicable laws and ethical guidelines.

2.4. Improvements: We may modify or discontinue the Service, or any part of it, at any time without notice. This may include, but is not limited to:

• Adding, removing, or modifying features and functionalities.
• Introducing new services or discontinuing existing ones.
• Making changes to comply with laws or regulations.
• Implementing security measures or addressing technical issues.
• Taking action to prevent abuse or illegal activities on the platform.

2.5. Game Eligibility: To be eligible for hosting on Warehouse, a game must meet the following criteria:
2.5.1. Discontinuation: The game must be officially discontinued by its original publisher or developer.
2.5.2. Lack of Official Servers: There must be no officially supported servers or online services for the game.
2.5.3. Community-Driven: The emulator and server configuration must be primarily community-driven and not commercially exploited.

2.6. Emulator Requirements: The emulator used for the game must:
2.6.1. Respect Copyright: Not infringe on any copyright or intellectual property rights of the game's original owner. That means no images, audio, or other proprietary assets can be used in the source code of the emulator nor served to users when hosted.
2.6.2. Limited Functionality: Be designed solely to synchronise the game state between clients, without distribution of copyrighted content.

3. User Obligations

3.1. Legal Copies: You must own a legal copy of any game you play on a Warehouse server.

3.2. No Illegal Activity: You agree not to use Warehouse for any illegal or unauthorised activities, including but not limited to: copyright infringement, trademark infringement, hacking, cheating, harassment.

3.3. Respect for Others: You agree to treat other users with respect and to follow community guidelines.

3.4. Age Requirements: You may use Warehouse if you are at least 13 years old; however, children of all ages may use Warehouse if enabled by a parent or legal guardian.

3.5. Permission by Parent or Guardian: If you are under 18, you must have your parent or legal guardian’s permission to use Warehouse. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use Warehouse, you are subject to the terms of this Agreement and responsible for your child’s activity on Warehouse.

4. Warehouse Obligations

4.1. Server Hosting: Warehouse will provide hosting services for approved private servers.

4.2. Server Maintenance: Warehouse will maintain and support the servers, including regular updates and security patches.

4.3. Server Removal: Warehouse reserves the right to remove any server at its sole discretion without prior notice, particularly if it receives a valid legal request from a copyright holder or other authorised party. A server can be removed for any reason, including, but not limited to:

• Legal Issues: If a server is involved in illegal activities or infringes on the rights of others.
• Technical Issues: If a server causes technical difficulties for Warehouse or other users.
• Violation of Terms of Service: If a server or its users violate these Terms of Service.
• Community Standards: If a server or its users engage in behaviour that is harmful, abusive, or disruptive to the Warehouse community.
• Force Majeure: If Warehouse is unable to provide services due to circumstances beyond its reasonable control, such as natural disasters, acts of God, or government actions.

5. Intellectual Property

4.1. User Content: You retain ownership of any content you submit to Warehouse. However, by submitting content, you grant Warehouse a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

4.2. Warehouse Intellectual Property: Warehouse and its logos are the intellectual property of Warehouse.

4.3. Reservation: Any right not expressly granted to you in this Agreement remains the right of Warehouse or the respective rights holders. This means, for example, that using Warehouse does not give you ownership of any intellectual property rights in the servers you access (including any branding used on or displayed in Warehouse).

6. Liability

6.1. No Warranty: Warehouse provides services "as is" and makes no warranties, express or implied.

6.2. Limitation of Liability: To the maximum extent permitted by law, Warehouse shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of Warehouse.

6.3. Third-Party Links: Warehouse may contain links to third-party websites and online services that are not owned or controlled by Warehouse. Warehouse has no control over, and assumes no responsibility for, such websites and online services. We suggest you read the terms and privacy policy of each third-party website and online service that you visit.

6.4. Disclaimer of Consumer Rights: Please note that Warehouse is a free service provided on a "best effort" basis. As such, it does not constitute a consumer contract and is not subject to consumer protection laws. Warehouse makes no warranties, express or implied, regarding the availability, reliability, or suitability of the service. Users assume all risks associated with using the platform, including but not limited to, potential loss of data, system failures, or security breaches.

6.5. Waiver: You hereby waive any and all rights and claims against Warehouse, its officers, directors, employees, and agents, arising out of or in connection with your use of the Service. This waiver includes, but is not limited to, claims for damages, loss of profits, loss of data, or any other direct or indirect harm.

7. Indemnification

7.1. Indemnification: You agree to indemnify and hold harmless Warehouse, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Warehouse platform, your violation of these Terms of Service, or your violation of any rights of a third party.

8. Notice and Takedown Procedures

8.1. If you believe that any content on Warehouse infringes your copyright or other intellectual property rights, please submit a written notification to our designated agent with the following information:

• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity.
• Information reasonably sufficient to permit Warehouse to contact you, such as an address, telephone number, and, if available, an email address.
• A statement that you have a good faith belief that use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner's behalf.

8.2. Upon receipt of such a notification, Warehouse will take reasonable steps to investigate and remove or disable access to the infringing material.

9. Governing Law and Dispute Resolution

9.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

9.2. Dispute Resolution: Any dispute arising out of or in connection with this Agreement shall be finally settled by arbitration in London, England, in accordance with the London Court of International Arbitration Rules.

10. Modification of Terms

10.1. Warehouse reserves the right to modify these Terms of Service at any time. Any modifications will be effective immediately upon posting on the Warehouse website.

11. This Agreement

11.1. Heading and Title: Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

11.2. Grammatical Forms: Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.