Terms of Service

Introduction

Welcome to Emberware! These Terms of Service ("Terms") govern your use of the Emberware platform, including our website (emberware.io) and desktop player application (collectively, the "Platform").

By creating an account or using Emberware, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform.

Eligibility

You must be at least 13 years of age to use Emberware. If you are under 18, you must have permission from a parent or legal guardian. By using the Platform, you represent that you meet these requirements.

Account Registration

To upload games or access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account
• Not share your account with others

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

User Content

Your Rights

You retain all intellectual property rights to the games and content you upload to Emberware. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to:

• Host, store, and distribute your content on the Platform
• Display your content to other users
• Make technical modifications necessary for platform operation (e.g., compression, format conversion)

This license ends when you delete your content or account, except for cached or backup copies that may persist for up to 30 days.

Content Guidelines

All uploaded games and content must comply with the following rules:

• Legal compliance - No illegal content, malware, or copyright infringement
• Age-appropriate - Suitable for schools and developers of all ages
• No excessive violence or gore - Retro-level violence is acceptable (think classic arcade games)
• No adult content - No pornography, sexual content, or nudity
• No gambling - No real-money gambling or casino-style games
• No hate speech - No content that promotes discrimination, harassment, or violence based on race, ethnicity, religion, gender, sexual orientation, or disability
• Respectful community - No harassment, doxxing, or targeted attacks on other users

We reserve the right to remove content that violates these guidelines or is deemed inappropriate at our sole discretion.

Content Moderation

Emberware uses a combination of automated checks and manual review to enforce content guidelines:

• ROM files are validated for technical correctness before publication
• Users can report inappropriate content for review
• Repeated violations may result in account suspension or termination
• We do not pre-screen all uploaded content and are not responsible for user-generated content

Intellectual Property

Platform Ownership

Emberware, including the website, player application, and all related software, is open source and licensed under the MIT License. You may view, modify, and distribute the source code according to the license terms available on GitHub.

Trademarks

"Emberware" and associated logos are trademarks of the Emberware project. You may not use these trademarks without our prior written permission, except as necessary to refer to the Platform.

Copyright Infringement

We respect intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement, please contact us at dmca@emberware.io with:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing
• Your contact information
• A statement that you have a good-faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner

Platform Usage

Acceptable Use

You agree not to:

• Attempt to gain unauthorized access to the Platform or other users' accounts
• Upload viruses, malware, or other harmful code
• Scrape, crawl, or harvest data from the Platform using automated tools
• Interfere with or disrupt the Platform's operation
• Circumvent technical limitations or security measures
• Impersonate other users or entities
• Use the Platform for commercial purposes without our permission (selling games directly on the platform is not currently supported)

Rate Limits

To prevent abuse, we enforce rate limits on certain actions:

Disclaimers and Limitation of Liability

Platform "As-Is"

Emberware is provided "as-is" without warranties of any kind, either express or implied. We do not guarantee that the Platform will be uninterrupted, error-free, or secure. You use the Platform at your own risk.

User Content

We are not responsible for user-generated content. Games uploaded by users may contain bugs, errors, or security vulnerabilities. Download and play games at your own risk.

Limitation of Liability

To the maximum extent permitted by law, Emberware and its contributors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of data or content
• Loss of revenue or profits
• Harm caused by user-generated content
• Service interruptions or downtime

Our total liability for any claim arising from your use of the Platform shall not exceed $100 USD.

Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Violation of our content guidelines
• Fraudulent or illegal activity
• Prolonged inactivity (180+ days with no login)

You may delete your account at any time through your account settings. Upon termination, your access to the Platform will be revoked, and your content may be deleted after a 30-day grace period.

Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes by:

• Posting the new Terms on this page with an updated "Last updated" date
• Sending an email notification to registered users
• Displaying a notice on the Platform

Your continued use of Emberware after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Platform and may delete your account.

Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform will be resolved through binding arbitration, except where prohibited by law.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Contact

If you have questions about these Terms, please contact us:

• Email: legal@emberware.io
• GitHub Issues: Report issues or questions