Most disputes are handled through binding arbitration (section 13 of the Game License & Upload Agreement), which is a common process used by many technology platforms. Arbitration is a commonly used method of resolving commercial disputes. It involves presenting the dispute to an independent arbitrator, who reviews the arguments and evidence from both sides and then issues a binding decision.
Arbitration allows disputes to be resolved:
more quickly
with lower costs
without lengthy court proceedings
Certain intellectual property disputes may still be handled in court.
What is arbitration?
Arbitration is a private dispute-resolution process in which an impartial arbitrator acts similarly to a judge. The arbitrator reviews the evidence and arguments from both parties and issues a final decision.
Compared with court litigation, arbitration is often:
• faster
• more flexible procedurally
• less formal than court proceedings
The outcome of arbitration is generally final and binding on both parties.
Why does the agreement use arbitration instead of court litigation?
Many online platforms and software distribution services use arbitration clauses in their agreements because arbitration can provide a more streamlined and predictable process for resolving disputes.
This can help both developers and platforms resolve issues without the time and complexity typically associated with court litigation.
What kinds of disputes could go to arbitration?
Examples of disputes that could be resolved through arbitration include matters relating to:
• the interpretation of the Game License & Upload Agreement
• royalty calculations or payments
• intellectual property rights relating to game content
• alleged violations of platform policies
If a dispute arises, both parties would present their arguments and supporting information to the arbitrator for resolution.
Is arbitration public?
Arbitration proceedings are typically private, meaning they are not part of the public court record.
This privacy is one reason arbitration is commonly used in commercial agreements.
Can I still seek legal advice?
Yes. Developers who have questions about a dispute or about their rights under the agreement may wish to consult a qualified legal professional.
The developer documentation and FAQs provided by Kongregate are intended to help explain how the platform operates, but they do not constitute legal advice.
Suggested Reading:
If you are unfamiliar with arbitration, the following resources provide helpful explanations of how arbitration works:
• American Arbitration Association (AAA) – What is Arbitration?
https://www.adr.org/what-is-arbitration
• Federal Trade Commission – Arbitration Clauses in Contracts
https://consumer.ftc.gov/articles/arbitration-clauses
• Cornell Law School Legal Information Institute – Arbitration
https://www.law.cornell.edu/wex/arbitration
• U.S. Courts – Alternative Dispute Resolution Overview
https://www.uscourts.gov/services-forms/alternative-dispute-resolution
These resources provide general background information about arbitration and dispute resolution processes.
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