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Need your evaluation regarding "Realarcade.com Game Submission Agreement" (2) ?

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Last Modified: 2013-12-26
Hi All,
 I've developed a web-based free game with revenue line could be through ads...I've discovered that Realarcade.com is offering developers to submit their games for evaluation by their team and if it meets their needs they offer developers share of revenue in different ways...
I need to know your opinion and evaluation regarding how safe and rewarding it is to submit a game to a big game distributor like realarcade or in general regarding similar approaches.
Or if anyone has tried this or has a similar experience please help.

I have their submission agreement, I need you to review to tell me what you think....

Thanks

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Realarcade online game submission agreement :
 
"
REALNETWORKS, INC.
GAME SUBMISSION FORM      
 
THIS DOCUMENT REFLECTS THE POLICY OF REALNETWORKS, INC. ("RN") WITH REGARD TO NON-EMPLOYEE IDEA SUBMISSIONS INVOLVING COMPUTER SOFTWARE PRODUCTS AND RELATED MATERIALS ("COLLECTIVELY REFERRED TO AS "MATERIALS").  
 
BY CLICKING THE "ACCEPT" BUTTON, YOU CERTIFY THAT:  1) YOU HAVE READ THIS DOCUMENT AND AGREE TO ITS TERMS, AND 2) YOU WILL DISCLOSE AND DELIVER MATERIALS TO RN IN ACCORDANCE WITH THESE TERMS AND WITHOUT BREACH OF ANY AGREEMENT OR INFRINGEMENT OF ANY THIRD-PARTY PROPRIETARY RIGHTS.  MATERIALS SUBMITTED TO RN PRIOR TO YOUR EXECUTION OF THIS DOCUMENT WILL BE IMMEDIATELY RETURNED TO YOU UPON REQUEST.  AFTER YOU AGREE TO THIS DOCUMENT, ALL MATERIALS YOU SUBMIT AND ALL DISCUSSIONS BETWEEN YOU AND RN RELATING TO SUCH SUBMISSION WILL BE GOVERNED BY THIS POLICY.
 
RN POLICY
 
1.      RN is interested in learning of Materials that may complement its product offerings.  At the same time, RN is continuously engaging in an active research and development program and in developing market strategies.  RN has invested and is continuing to invest considerable time and money in the development and marketing of proprietary computer software products, as well as improvements and enhancements to RN's existing product offerings.  The results of these efforts may overlap with your submission.  Likewise, RN may have previously reviewed or in the future may review products, inventions, materials or ideas that may be substantially similar to your submission.
 
2.      Inasmuch as the disclosure to RN of information that is considered by you or a third party to be confidential could have an adverse impact on RN's rights in products or ideas arising out of RN's research and development program or marketing strategies, RN cannot accept information that is considered by you or a third party to be confidential, unless RN affirmatively acts, on an exception basis, in RNýs sole discretion, to enter into an appropriate confidentiality agreement.
 
3.      RN's intention in obtaining access to the Materials is solely to conduct an evaluation of them in order to determine whether RN has an interest in acquiring rights in such Materials.  
 
4.      In the absence of a confidentiality agreement, you agree that no limitation of use or disclosure is imposed on RN with respect to the Materials furnished.  RN shall have the right to use or disclose any ideas, concepts, know-how, or techniques contained in or relating to the Materials regardless of whether or not such Materials are marked as "Confidential", "Proprietary" or any other such mark of confidentiality.  You will retain any rights you may have in the Materials under federal patent, trademark or copyright law, and you agree to clearly mark all Materials with appropriate patent, trademark and copyright notices.
 
5.      You agree that RN assumes no obligation to: 1) return the Materials submitted by you, 2) compensate you in any way for the use of the Materials in accordance with the intentions specified herein, 3) proceed with negotiations of any kind respecting the Materials, or 4) furnish you with any information respecting the results of RN's evaluation or its reasons for not proceeding further.
 
6.      You agree that the Materials will be evaluated by third parties through the RealArcade Game Evaluation Program.  You agree that RN makes no representations or warranties of any kind regarding the RealArcade Game Evaluation Program and assumes no responsibility for any illegal or abusive behavior of any kind by any third parties participating in the RealArcade Game Evaluation Program.
 
7.      Although RN intends to conduct its evaluation as expeditiously as possible, factors beyond the scope of the technical merits of the Materials provided must be considered.  Therefore, RN cannot promise that it will respond to you within a fixed time period.  In the interim, RN encourages you to pursue other opportunities that may present themselves to you with respect to the Materials provided to RN.
 
8.      You agree that you will not mention or use the potential interest of RN with respect to any Materials submitted to RN in any promotional activity nor disclose to any other person that RN is evaluating the Materials.
 
9.      You agree that the terms of this Game Submission Form shall control the rights and obligations of RN and you respecting the Materials, however disclosed or provided to RN, including verbal disclosure, notwithstanding any legends, markings, or other restrictions embodied in, attached to, or accompanying such Materials.  The terms of this Game Submission Form may not be amended or superseded except by a written amendment that refers to this document and is signed by both parties. This Game Submission Form constitutes the complete and sole agreement between RN and you with respect to its subject matter, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.   RN will not be bound in any way to you unless a written agreement is signed by an authorized officer of RN that sets forth all of our obligations in writing in complete detail.   If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provision hereof under all circumstances.   This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, excluding that body of law known as conflicts of law.  You hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within King County in the State of Washington; and you further agree that any dispute relating in any way to the subject matter of this Game Submission Form shall be resolved by arbitration under the rules of the American Arbitration Association, which shall take place in King County Washington.  The prevailing party in such arbitration shall pay all expenses and costs of the other party.
 
"
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Commented:
I got your point john...
But what about if I bypass this agreement and I submit the game to them  through sending them a direct  email offering partnership with them, don't you think it'll be better?

Commented:
It certainly could be better.

Find somebody there to contact... then work it and let them know you're unhappy with the standard agreement.

Do it all over the phone prior to sending any emails.  An email out of the blue won't get any attention at all.

-john

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