SUMMARY
This EUALA is the legally binding contract that governs the relationship between You and Unchained Entertainment, LLC (hereinafter UCE). You must agree to it in order to access our servers (the “System”) and play Final Stand: Ragnarök (hereinafter Game).
The entire EUALA is important, but the stuff you really need to know (and be reminded of on a regular basis) is:
FINAL STAND: RAGNARÖK™ END USER ACCESS AND LICENSE AGREEMENT
YOU ARE ABOUT TO ENTER INTO A BINDING CONTRACT. PLEASE READ THIS DOCUMENT CAREFULLY. YOU MAY NOT ACCESS THE GAME SYSTEM OR PLAY FINAL STAND: RAGNARÖK (HEREINAFTER THE “GAME”) UNLESS YOU AGREE TO THE TERMS CONTAINED HEREIN. THIS END USER ACCESS AND LICENSE AGREEMENT (“EUALA” OR “AGREEMENT”), AS THE SAME MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS CONTAINED HEREIN, DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH UNCHAINED ENTERTAINMENT, LLC (“UCE”, or “WE” or “OUR”) OFFERS THE USER (“YOU” or “You”) ACCESS TO THE GAME.
This agreement consists of the terms and conditions below and incorporates:
THIS EUALA SETS FORTH THE TERMS AND CONDITIONS ON WHICH UCE OFFERS YOU A LICENSE TO USE CERTAIN SOFTWARE APPLICATIONS CREATED BY UCE AND ITS LICENSORS TO ENABLE INTERACTION WITH UCE’S SYSTEM AND PLAY THE GAME. IF ACCEPTED BY YOU IN THE MANNER DESCRIBED BELOW, THE THEN-CURRENT VERSION OF THIS EUALA SHALL APPLY EACH AND EVERY TIME YOU ACCESS UCE’S SYSTEM OR PLAY THE GAME.
YOU ARE PLAYING AN EARLY ACCESS VERSION OF THE GAME. NOTHING IN THIS AGREEMENT SHALL BE INTERPRETED AS GRANTING YOU ANY RIGHTS OR PRIVILEGES OF ANY KIND WITH RESPECT TO EARLY ACCESS OTHER THAN AS DETAILED HEREIN. THE GAME IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND UCE MAKES NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED.
BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT YOU ARE 18 YEARS OLD OR OLDER.
YOU AGREE AND ACKNOWLEDGE THAT THIS EUALA IS SUPPORTED BY REASONABLE AND VALUABLE CONSIDERATION, THE RECEIPT AND ADEQUACY OF WHICH YOU ACKNOWLEDGE BY CLICKING THROUGH “I HAVE READ AND ACCEPT THE EUALA.” WITHOUT
LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE AND ENJOYMENT OF THE SYSTEM AND THE GAME AND ALL FEATURES THEREOF, AND YOUR RECEIPT OF DATA, MATERIALS, AND INFORMATION AVAILABLE AT OR THROUGH THE SYSTEM.
BY CLICKING THROUGH “I HAVE READ AND ACCEPT THE EUALA” WHERE INDICATED OR BY ACCESSING/USING OUR GAME CLIENT, PLAYING OUR GAME:
YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS EUALA, AS THE SAME MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT CLICK THROUGH “I HAVE READ AND ACCEPT THE EUALA” WHERE INDICATED, YOU DECLINE OUR OFFER, AND YOU WILL NOT BE ABLE TO DOWNLOAD THE SOFTWARE, INSTALL IT, OR PLAY THE GAME.
IN THE EVENT YOU CHOOSE NOT TO ACCEPT THE EUALA OR BY TECHNICAL MEANS BYPASS/DISABLE CLICKING THROUGH “I HAVE READ AND ACCEPT THE EUALA,” THEN BY INSTALLING, PLAYING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SYSTEM OR THE GAME OR ANY GAME CONTENT, YOU AGREE TO BE BOUND BY THE TERMS OF THE THEN-CURRENT EUALA. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS AND CONDITIONS OF THIS EUALA, PLEASE CONTACT UCE CUSTOMER SERVICE BY SENDING AN EMAIL TO
support@unchained-entertainment.com
THE THEN-CURRENT VERSION OF THIS EUALA CAN ALSO BE FOUND AT UCE’S FS:R WEBSITE https://www.finalstandgame.com/. YOU ARE ENCOURAGED TO FREQUENTLY REVIEW THE EUALA FOR CHANGES, AND TO PRINT AND STORE IT FOR YOUR RECORDS AND FUTURE REFERENCE. YOU AGREE TO ACCEPT RESPONSIBILITY FOR THOROUGHLY REVIEWING THE EUALA WHEN YOU FIRST PLAY THE GAME AND EACH TIME YOU ARE PROMPTED TO DO SO IN CONNECTION WITH THE GAME. SEE SECTION 5 BELOW CONCERNING MODIFICATIONS AND AMENDMENTS TO THE EUALA.
1. ACCOUNT AND ACCESS TO SYSTEM AND GAME
1.1 Registration and Requirements for Access to System and Game Play
You must have and/or created a valid account for the GAME either through UCE and/or Valve’s Steam service. The profile information connected to those credentials, including your username and avatar, may be displayed to other players, and used by us to support your account. Any information you provide must be complete, accurate, and up to date. If you are under the age of legal majority (18 years of age in most jurisdictions), you may only use the Game Services under the supervision of a parent or legal guardian, and you must have your parent or legal guardian agree to this Agreement on your behalf. You may not share, sell, rent, or transfer your account. You are responsible for (i) maintaining the confidentiality of your account log-in credentials and for restricting access to your account, and (ii) all actions that occur under your account, including purchases. Note that GAME may be distributed through stores or distribution services offered by UCE or third parties, and you may be required to create an account with those parties; your relationship with those parties is governed by their terms. To the extent there is a conflict between their terms and this Agreement, the terms of this Agreement will control with respect to the Game.
IN NO EVENT SHALL UCE BE HELD RESPONSIBLE FOR ANY DAMAGE THAT OCCURS TO YOUR ACCOUNT OR THE ATTRIBUTES OF YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION YOUR CHARACTERS, OBJECTS, POSSESSIONS, POINTS, RANK, STATUS, OR ANYTHING ELSE – WHETHER PURCHASED BY YOU ACQUIRED, DEVELOPED, OR DELIVERED AS A RESULT OF GAME PLAY OR GIVEN TO YOU FOR YOUR PURCHASE OF A DONATION TIER (COLLECTIVELY, “ACCOUNT ATTRIBUTES”) IN THE EVENT YOU DISCLOSE YOUR PASSWORD TO ANYONE. NOR IS UCE LIABLE FOR ANY FINANCIAL OR EMOTIONAL DAMAGE OR DISTRESS YOU MAY SUFFER (AND/OR SUBSEQUENT LOSS OR DAMAGE TO YOUR ACCOUNT OR ACCOUNT ATTRIBUTES) AS A RESULT OF THE DISCLOSURE OF YOUR PASSWORD TO A THIRD PARTY.
1.2 Eligibility to Establish Account Limited to Natural Persons; Shared and Commercial Use Prohibited; Responsibility for Use of Account
Only people who have been granted access into the Early Access Phase by UCE/Steam are permitted to participate in the Early Access Phase, and anyone without such authorization is not eligible to enter into this Agreement.
Accounts are available only to individual, natural persons who are adults, or, under the discretion of such an adult, his or her minor child. If You are a minor, your parent(s) or guardian(s), must click through “I have read and accepted this EUALA,” in which case YOU will take full responsibility for all obligations under this Agreement.
YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THE TERMS AND CONDITIONS OF THIS EUALA ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU REPRESENT THAT YOU PERSONALLY WILL BE BOUND BY ALL THE TERMS AND CONDITIONS HEREOF. IF YOU ARE A MINOR AND CLICK THROUGH “I HAVE READ AND ACCEPT THE EUALA,” YOU UNDERSTAND THAT YOU CAN NOT LATER VOID THIS AGREEMENT AS A MINOR WITHOUT LOSING ACCESS TO YOUR ACCOUNT AND ALL ACCOUNT ATTRIBUTES, AND YOUR PARENTS/GUARDIANS BEING HELD RESPONSIBLE FOR YOUR ACTIONS AND ANY PAYMENT OBLIGATIONS YOU HAVE INCURRED, WHILE ENJOYING THE BENEFITS OF PLAYING THE GAME AS IF YOU WERE AN ADULT.
YOU REPRESENT THAT YOU ARE ELIGIBLE TO ESTABLISH A UCE ACCOUNT AND/OR HAVE A VALID STEAM ACCOUNT, ACCESS THE SYSTEM, AND PLAY THE GAME. FURTHERMORE, YOU REPRESENT THAT YOU ARE NOT ACCESSING THE SYSTEM OR PLAYING THE GAME FOR A PROHIBITED PURPOSE, AND ARE NOT ENGAGING IN A COMMERCIAL ACTIVITY IN VIOLATION OF THIS EUALA.
You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If You are a parent or guardian, You may permit your child to use the Account instead of You, provided that parents and guardians are liable for the activities of their child.
You are solely responsible for (a) providing your own Internet access; (b) any telecommunication charges or other charges which You incur through access and use of the Game, including without limitation any premium charges and surcharges due to bandwidth consumption; and (c) any taxes payable by You in connection with access and use.
1.3 Password, Login Name, and Player Name
If YOU are playing this game through Steam, please familiarize yourself with Steam’s rules regarding your Password, Account name, and your Steam account.
UCE WILL NEVER, EVER, EVER ASK YOU FOR YOUR PASSWORD. YOU SHOULD NEVER DISCLOSE YOUR PASSWORD EVEN IF SOMEONE ASKS YOU TO DO SO, NO MATTER WHAT REASON THAT PERSON MAY GIVE TO YOU.
No player may use the name of another player to impersonate or falsely represent his or her identity, including attempting to impersonate a member of the Company (whether as a private individual or as a member of the Company).
It is also prohibited to obtain, attempt to obtain, use, or attempt to use the login and/or player name of anyone else. You should not use your real name or any part thereof in your login name. While You are encouraged to use a pseudonym, especially if You are a minor, You may not pick a name that violates anyone’s trademarks, publicity rights or other proprietary rights.
Acceptance of a pseudonym by the System does not constitute a finding or acknowledgement by UCE that your chosen pseudonym does not violate any third party’s trademarks, publicity rights or other proprietary rights, and You are responsible for any liability in the choosing of a pseudonym. UCE retains the right to reject any pseudonym that it concludes, in its sole discretion, is indecent, obscene, or otherwise violates standards of good taste, or in the event UCE has reasonable belief that such pseudonym violates the intellectual property rights of others. UCE also reserves the right to invoke the “safe harbor” provision of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) concerning the removal of copyrighted or trademarked materials from the Game or its related Web sites.
1.4 A Buy-To-Play Game
The game is currently sold as a Buy-To-Play game with no subscription fee or additional mandatory payments. During the commercial operation of the game, UCE will offer various types of Downloadable Content (hereinafter “DLC”) for the game in the form of Season Pass/Battle Pass and other optional items for purchase by players of the Game, when it exits the final stage of Early Access testing and development.
1.5 Limit on Number of Accounts Associated with a Credit Card(s), Debit Card(s), or Other Payment
1.6 Method
Without the prior written consent of UCE, which may be withheld in UCE’s sole discretion, no person may use, or authorize or permit another to use, a Payment Method or combination of Payment Methods under the control of such person, to subscribe to the Game or purchase any DLC for more than ten (10) Accounts on the System at a time.
1.7 Player Safety & Photosensitivity Warning
You should take frequent breaks when playing the GAME, play the Game in a well-lit room, and sit a reasonable distance away from the screen.
A very small percentage of users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a video monitor, or while playing video games attached to a television set, or while watching a replay or a recording of video game footage, may induce an epileptic seizure. These conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy.
If You, or anyone in your family, has an epileptic condition, consult your physician prior to playing. If You experience any of the following symptoms while playing a video or computer game — dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions — IMMEDIATELY discontinue use and consult your physician before resuming play.
2. OWNERSHIP OF SYSTEM, GAME AND GAME CONTENT; RIGHTS TO ACCESS AND USE OF SAME
2.1 Ownership of System, Game and Game Content
You acknowledge and agree that UCE is the sole and exclusive owner of the Game and System, and that UCE or its suppliers are the sole and exclusive owner(s) of all right, title and interest (including, without limitation, all intellectual property rights) in the computer code, programs, routines, subroutines, objects, files, data, characters (including all Account Attributes comprising or associated with an Account, including, but not limited to, all and any DLC, Development Rewards, etc.), and information uploaded to, downloaded from, and accessible through the System, including without limitation data, graphics, sound effects, music, animation-style video and text, some of which may be provided to UCE under license from independent content providers which currently exist or which may exist in the future, as a result of your interaction with the Game (collectively, “Game Content”). You further acknowledge the System, Game, and the Game Content is protected by copyrights, trademarks, and other proprietary rights owned by UCE or its suppliers, title to all of which is expressly reserved, and that You acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of the EUALA.
You may not use Game Content in another game, or extract Game Content from the Games, and distribute that Game Content as separate assets. Except as permitted by this Agreement, you may not use our trademarks, trade names, logos, domain names, taglines, or trade dress without a separate license signed by us. You will not challenge our ownership of the Games, including by using or registering confusingly similar trademarks or domains.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHAMPIONS AND ACCOUNT ATTRIBUTES DURING YOUR TIME PLAYING THE GAME, OR IN THE VALUE OF DLC.
2.2 UCE Owns Accounts, Account Attributes, Characters, Items and Objects; Assignment
You acknowledge and agree that your Account(s) and all Account Attributes are part of the System, Game, and the Game Content, and are the sole and exclusive property of UCE, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved. As to information You transmit to the System through your Account, except as otherwise provided herein, You hereby irrevocably and without additional consideration beyond the rights granted to You herein, assign to UCE any and all right, title and interest You have or may have, including copyrights, in or to any and all files, data, or information comprising or manifesting in a manner perceptible by any means as Account Attributes; provided, however, that the foregoing assignment shall not include the content of messages posted by You in user-to-user areas, but the following terms and conditions shall apply to such content.
2.3 In-Game Items
When playing the Game, you may unlock, purchase, or otherwise gain access to various items within the Game including, but not limited to, imaginary currency, property, characters, alternate skins, weapons, equipment, etc. ( “DLC “) whether individually, groups, and under monikers, including but not limited to, “Season Pass”, “Battle Pass”. DLC are attributes of gameplay that have meaning only in the virtual and imaginary world of the Game; they have no monetary value, are not real-world currency, and cannot be resold or redeemed for cash. You agree that you have no ownership or property interest in any of the that we attribute to your account, or to any Game Content we authorize you to access, regardless of any effort, real-world money or other consideration you may have exchanged for access to DLC or Game Content. While we provide you the ability to access and use In-Game Items and Game Content, we retain all rights in and to all In-Game Items and Game Content. Accordingly, we may remove or alter any DLC or Game Content attributed to your account or accessible to you at any time without notice or liability, arising in contract, tort, or otherwise. We may enable you to trade certain DLC for other DLC as part of gameplay. Otherwise, you may not sell, transfer, or DLC s in exchange for real-world currencies or consideration, whether inside or outside of the Game.
2.4 Additional Optional Purchases
If a charge to your Payment Method is denied/reversed for any reason, UCE shall have the right to deny, terminate, or suspend your account, or access to, or use of, such In-game items You understand and agree that UCE has the absolute right to manage, regulate, control, modify, create, and/or eliminate DLC as it sees fit in its sole discretion, in any general or specific case, and that UCE shall have no liability to You based on its exercise of such right. You understand and agree that unless otherwise authorized by UCE, DLC may only be used in the Game, and in no event may be used outside of the Game
2.5 User Content; Terms and Conditions; License
The Game may afford users the means to communicate to the System information, including without limitation messages in email, chat, chat rooms, “emotes,” forums, user-constructed structures, buildings, and anything known and unknown that can be built using tools supplied by UCE and similar user-to-user areas (collectively, “User Content”). As to User Content, the following terms and conditions apply to any and all User Content
Company grants you a limited, revocable license to create non-commercial projects incorporating our Game Content (excluding third-party brands and materials identified in a Game content policy) to support our Game communities, such as livestreaming, fan art, and fan in accordance with a Game’s content usage policy. You represent and warrant that you have and will maintain all necessary rights to any third-party materials used in your User Content which are derivative works of the Game. Any interests you may have in User Content are subject to our ownership of the Game Content and the license in this Section. You agree to defend and indemnify us from any claims related to User Content you create.
If you provide us with any suggestions, creative ideas, or other feedback related to the Games or other future games or content, the Company will be entitled to do anything it desires with these, without restriction. You agree that we are under no obligation of confidentiality, to credit you, nor are we under any other obligation to you, with respect to the Game Content you provide, even if you state such restrictions in your submission.
The Game offers online multiplayer functionality and communications features. We and other players may spectate, record, and broadcast your online multiplayer Game sessions, including your display name, textual communications, voice, likeness (if you transmit video of yourself), and metadata on your gameplay (hit points, match record, characters you have played, etc.), all of which constitute material submitted to us under this Agreement. By playing the Game, you grant us, and other users, all rights necessary to make and distribute recordings.
Whatever You communicate or cause to be communicated to the System shall not: (a) infringe the intellectual property, proprietary, privacy or publicity rights of any third party; (b) violate any law or regulation; (c) be defamatory, indecent, obscene, pornographic, or harmful to minors; or (d) contain any viruses, Trojan horses, disabling code, worms, time bombs, “clear GIFs,” cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personally-identifiable information. You acknowledge and agree that we may take any action we deem appropriate for any User Content communicated by You, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the System and the Game. For all User Content, You hereby grant to us an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to license to use, reproduce, modify, create derivative works of, publicly display, publicly perform, and distribute, in and to all or any part of your User Content, in any medium now known or hereafter developed, subject to restrictions and limitations imposed elsewhere in the EUALA, and by applicable federal law.
You acknowledge and agree that the Game Content and User Content may include content owned by independent content providers (including other users) and licensed to us. You, and any user of your Account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Game Content and User Content. UCE reserves the right, but does not undertake the responsibility, to remove User Content at any time that it deems to be harmful, offensive, or otherwise in violation of this Agreement.
Without limitation of any of its other rights, UCE shall have the right to display and publish any information (except clearly personally-identifiable information about You) associated with any characters developed in your Account, for example, in charts, lists, and other compilations, such as “Top Ten” lists and the like, without any prior notification to You of its intent to do so, and without any compensation or any form of recompense whatsoever, now or in the future.
2.6. Rights to Access System and Game Content to Play Game; No Interception or Reverse Engineering; Reverse Engineering Not a Fair Use of the Copyrighted Software; Violation of EUALA a Material Breach
This EUALA grants You the limited, personal, non-exclusive, non-transferable, revocable right to access and use the System, to exchange, download from, and to access and use Game Content and User Content exclusively via an authorized Account, solely for purposes permitted by, and in a manner consistent with, the terms and conditions of this EUALA. All rights not specifically and expressly granted by UCE herein are reserved, and no license, permission, or right of access or use not granted expressly herein shall be implied. Specifically, but without limiting the generality of the foregoing reservation, except as expressly permitted by the EUALA then in effect, You may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any information accessible through the System, including without limitation, any part of the Game Content or User Content, or any Account Attributes, or your rights to access and/or use the System. You may not reverse engineer, disassemble, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive code from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or analyze, decipher, “sniff”, derive code from, or attempt to analyze, decipher, “sniff”, or derive code from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and You hereby expressly waive any legal rights You may have to do so, including any claim that such activities constitute “Fair Use” or are for “interoperability purposes” under the Digital Millennium Copyright Act. Any such attempt shall exceed the “authorized access” You have to the System, as the term is defined under 18 U.S.C. § 1030. WITHOUT LIMITATION OF ANY AND
ALL REMEDIES AVAILABLE TO UCE, WHETHER AT LAW IN EQUITY OR OTHERWISE, ANY ATTEMPT TO ENGAGE IN ANY OF THESE PROHIBITED ACTIVITIES, WHETHER SUCCESSFUL OR NOT, SHALL CONSTITUTE A MATERIAL BREACH OF THE EUALA, AND WILL RESULT IN SANCTIONS, RANGING FROM SUSPENSION OF YOUR ACCESS TO THE SYSTEM AND GAME, TO IMMEDIATE TERMINATION OF ACCESS TO THE SYSTEM AND GAME AND/OR CANCELATION OF ANY AND ALL ACCOUNTS YOU HAVE ON THE SYSTEM OR OTHERWISE HAVE WITH UCE. IT IS IN UCE’S SOLE DISCRETION TO DETERMINE WHICH SANCTION, IF ANY, WILL BE UNDERTAKEN BY UCE.
2.7 Patching the Game
For the purposes of updating, patching, or otherwise modifying the Game, You hereby grant UCE permission to (a) extract hardware system profile data from your computer; (b) extract information from your computer’s file directories pertaining to the Game and your ability to access the System; (c) download Game Content and Game files to or from your computer and any data related to operation of the Game from any computer that logs on to the System using your Account. Further, UCE may update the Game remotely, including without limitation the Game and supporting software, residing on the user’s machine, without the knowledge or consent of the user, and you hereby grant to UCE your consent to deploy and apply such patches, updates, and modifications to the Game at any time.
2.8 UCE’S RIGHT TO DISCONTINUE ACCESS TO SYSTEM AND GAME IN EVENT OF UNAUTHORIZED USE OF SYSTEM OR MATERIAL BREACH OF EUALA
YOU AGREE THAT ANY MATERIAL BREACH OF THE EUALA OR OTHER COMPANY PROVIDE DOCUMENT OR UNAUTHORIZED ACCESS OR USE OF THE SYSTEM BY YOU OR VIA ANY OF YOUR ACCOUNTS, SHALL ENTITLE UCE, AT UCE’S SOLE DISCRETION, IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER REMEDY OR RIGHT WHICH MAY BE AVAILABLE TO UCE, TO IMMEDIATELY AND WITHOUT NOTICE DISCONTINUE ACCESS TO THE SYSTEM AND GAME THROUGH YOUR ACCOUNT, AND ANY AND ALL OTHER ACCOUNTS THAT SHARE THE NAME, PHONE NUMBER, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS, AND/OR CREDIT CARD NUMBER OR OTHER PAYMENT INFORMATION WITH THE DISCONTINUED ACCOUNT.
2.9 Game and System Downtime and Interruption; Compatibility with Third Party Equipment and Software
You understand that You are agreeing to participate in the Early Access Phase of the Game. As such, You understand that the Game will contain bugs and other problems normally encountered in the industry during development of any game. Crashes, slowdowns, restarts, resets, and other disruption of game play are to be expected during both prior and after launch of the Game. We do not guarantee service uptime or availability, and we are not responsible for any downtime.
We will make reasonable commercial efforts to keep Game and/or System downtime to a minimum, but we do not promise that the System or Game or any data stored or transmitted in connection with the System, or the Game will be uninterrupted, secure, or error-free, or will achieve particular results. We reserve the right to suspend operation of some or all aspects of the System and/or the Game at any time without notice for repairs, maintenance, improvements, or for any other reason.
We make no promise that the Game will operate either fully or in part on any specific computer equipment or with any specific software, or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, whether temporary or permanent, occurring to either equipment or software that might occur while accessing the System or playing the Game.
UCE reserves the right to close Game accounts or “reset” the Game and System entirely in the event that UCE identifies a Game exploit that allows users to “dupe” or “cheat” the Game in any manner, including without limitation in a manner that facilitates the acquisition of DLC and/or gives the player an advantage in the game that they would normally not have or other Account Attributes at an accelerated rate when compared with ordinary Game play.
2.91 Confidential Information.
“Confidential Information” as used in this Agreement shall mean all information or material, of every kind and form, in electronic or tangible form, which are made available to You by UCE under this Agreement, when designated as Confidential Information by UCE.
3. SOFTWARE LICENSE
As to the Software that You download in connection with the Game, the following licensing terms and conditions apply.
3.1 The Game may not be used concurrently on different computers under the same account.
3.2 You acknowledge and agree that UCE is the sole and exclusive owner of all right, title, and interest (including, without limitation, all intellectual property rights) in and to the Software, and that You acquire no rights in or to any of the same, express, or implied, beyond those granted specifically in the current version of the EUALA. Neither this Agreement nor your Account entitles You to any subsequent releases of the Software, any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time, and in doing so incur no obligation to furnish such updates to You pursuant to this Agreement.
4. MISCONDUCT
The Game was created for your personal entertainment purposes only and is designed to be played only as written. Therefore, there are certain practices that UCE prohibits.
4.1 Hacks, Cheats, Macros, Modifications, and/or Changes to the Game; Account “Loading”
You may not use any of your own- or third-party software to modify the Game Content or to change Game play without the express permission of UCE. You may not use our intellectual property rights contained in the Game Content or the Software, or any information accessible through the System, to create or provide any other means through which the System may be accessed and/or the Game may be played by others, as, for example, through server emulators, whether for profit or not.
Further, You may not take any action that imposes an unreasonable or disproportionately large load on our System/Steam though the use of modifications to the game and/or game content.
You may not use Game play macros or other stored rapid keystrokes, “dupes,” “cheats,” or other patterns of play that facilitate acquisition of any Account Attributes at an accelerated rate when compared with ordinary or intended Game play. You may not use your own or third-party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the System to acquire other Account Attributes or beneficial actions not actually acquired or performed in the Game.
You may not participate in any conduct or practice that results in Account Attributes that are inappropriate for the level or rank of the character contained in the Account. Conduct prohibited shall include, without limitation, arranging, making or accepting in-Game transfers of items to a character without adequate in-Game consideration, thereby augmenting or aggregating items in the transferee character’s Account and having the effect of increasing its value for purposes of an out-of-game Account sale.
You specifically acknowledge that any launching or attempted launching of a Denial-of-Service (DoS) or Distributed Denial-of-Service (DDoS) attack on the System is a violation of 18 U.S.C. § 1030 and could subject You to criminal prosecution and civil liability to UCE.
5. MODIFICATIONS AND AMENDMENTS TO EUALA
UCE may amend or modify the terms and conditions of this EUALA from time to time without prior notification to YOU. The fact that the EUALA has been amended or modified shall be communicated to You at the time You log into the Game. You will be prompted to review the revised EUALA and to indicate and confirm your acceptance by clicking through “I have read and accept the EUALA” as a condition of playing the Game. If You accept the revised EUALA, You will be granted access to the Game.
If the revision alters a material term, and You, in good faith, determine that the modification is unacceptable to You, then You shall have the right to cease playing the Game. You may exercise these rights by electing to click “I do not accept the EUALA.” Upon clicking through “I do not accept the EUALA,” You will be deemed to have exercised your right to terminate this Agreement between You and UCE to play the Game. If You fail to click through “I have read and accept this EUALA” or click through “I do not accept the EUALA” in the manner specified above, your access to the System will be discontinued, and all rights to access the System and play the Game granted under this EUALA shall be terminated and You explicitly waive any claim to compensation of any kind paid by UCE to You.
6. TERM/TERMINATION
6.1 Term of the Early Access Phase
The Game is an ‘online’ game, in that You primarily play the Game over the internet. UCE may, at any time and in its sole discretion, terminate this Agreement and/or discontinue the operation or provision of the Game, or any online features or components, with or without notice. In any case, this Agreement will terminate immediately upon the end of the Early Access Phase, except for Sections 2, 5,6,7, 10, and 112 which shall survive.
6.2 Termination by UCE Upon Cessation of Any or All Information Services Offered Under EUALA
In the event UCE, in its sole discretion, permanently ceases to provide any or all of the commercial information services offered hereunder, including without limitation access to the System and the Game, then UCE may terminate this Agreement with You, close all Accounts, and cancel all of the rights granted to You hereunder upon not less than thirty (30) days prior notice, which notice may be delivered via UCE’s “patching” system, posting on UCE’s Web site, Steam, or electronic mail.
YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT UCE SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM OR THE GAME ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHAMPIONS, AND/OR ACCOUNT ATTRIBUTES DURING YOUR TIME PLAYING THE GAME. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING THE GAME OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT OR ANY ACCOUNT ATTRIBUTES WERE THEY TO BE SOLD. NOR IS UCE LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHAMPIONS, ACCOUNT, DLC, AND/OR OTHER ACCOUNT ATTRIBUTES IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE GAME AS A WHOLE IS TERMINATED. NO REFUNDS FOR TIERS, DLC, AND/OR ACCOUNT CHANGES PURCHASED SHALL BE GIVEN IN THE EVENT OF UCE’S CESSATION OF SERVICES OR TERMINATION UNDER THIS SECTION.
6.3 Termination by UCE for Breach
UCE may immediately terminate this Agreement with You, close all of your Accounts, and cancel all rights granted to You under the EUALA if: (a) You fail to make payments for any DLC or account charges once UCE begins selling them; (b) You or anyone using any of your Accounts materially breaches the EUALA, or makes any unauthorized use of the System, Software, or Game, or infringes the intellectual property rights of UCE or any third party; (c) we are unable to verify or authenticate any information You provide to UCE; or (d) we become aware of Game play, chat, or any player activity whatsoever within your Account which is, in our reasonable discretion, inappropriate and/or in violation of this EUALA or UCE’s Website terms of use. Such termination shall be effective upon notice delivered via electronic mail or any other means reasonably calculated to reach You.
IN THE EVENT THAT UCE TERMINATES THIS AGREEMENT WITH YOU UNDER THIS SECTION AND CLOSES AN ACCOUNT PURSUANT TO SUCH TERMINATION, THEN UCE RESERVES THE RIGHT TO TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE PLAYER’S NAME, PHONE NUMBER, E-MAIL ADDRESS, INTERNET PROTOCOL ADDRESS, AND/OR CREDIT CARD NUMBER OR OTHER PAYMENT INFORMATION WITH THE CLOSED ACCOUNT. Termination by UCE under this section shall be without prejudice to or waiver of all other rights or remedies which UCE may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.
6.4 Termination by User
You may terminate this Agreement with UCE at any time by contacting UCE customer service by sending an email to support@unchained-entertainment.com to close your Account. If You choose to close your Account, all rights granted to You hereunder will be terminated immediately Your effective upon conclusion of the then-current billing period if You subscribe to the Game. If You terminate this Agreement, You will not be entitled to any refund of payments You made for any Development Tier, DLC, or other any and all items that you bought or were given to You by UCE if they are outside the specific agreement (Steam/UCE) under which you purchased the game.
6.5 Effect of Expiration or Termination.
(a) IF THIS AGREEMENT EXPIRES OR IS TERMINATED FOR ANY REASON, ALL RIGHTS TO ACCESS THE SYSTEM AND PLAY THE GAME WILL CEASE, EFFECTIVE UPON SUCH EXPIRATION OR TERMINATION. IN THE EVENT OF TERMINATION OR EXPIRATION OF THIS AGREEMENT, ALL ACCOUNT ATTRIBUTES ASSOCIATED WITH THE ACCOUNT WILL BE LOST. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT UCE SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM OR THE GAME ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTERS AND/OR ACCOUNT ATTRIBUTES DURING YOUR TIME PLAYING THE GAME. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING THE GAME OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT OR ANY ACCOUNT ATTRIBUTES, WERE THEY TO BE SOLD. NOR IS UCE LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS, ACCOUNT, DLC, DEVELOPMENT REWARDS AND/OR OTHER ACCOUNT ATTRIBUTES IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE GAME AS A WHOLE IS TERMINATED.
In the event such termination is not fully recognized or given effect under the law, then, in the case of cancellation or termination, You hereby agree to transfer and assign all remaining DLC, Reward Tiers and anything associated with your Account (including all sub-accounts) to UCE. IN NO EVENT WILL YOU BE ENTITLED TO A MONETARY REFUND FROM UCE FOR THE LOSS OF ANY PURCHASED AND/OR ACQUIRED ITEM WHATEVER THE REASON.
(b) Upon expiration of this EUALA or termination for any reason, the limited licenses granted to You shall automatically terminate, without further notice to You, and You must (i) immediately cease accessing and using the System and Game and (ii) uninstall your copy of the Software. You may uninstall your copy of the Software through one of the following methods: (x) access the directory on your computer where You originally installed the Software and double-click on the file entitled uninst.exe; (y) access the Add/Remove Programs feature of the operating system located on your computer and follow the instructions to remove the Software; or (z) contact UCE customer service by sending an email to: support@unchained-entertainment.com for assistance. Users whose Accounts have been discontinued or closed may not access the System or play the Game in any manner or for any reason, including through any other Account, without the express written permission of UCE. Users of active Accounts may not knowingly allow former users whose Accounts have been terminated to use the active user’s Accounts.
7. PRIVACY OF IN-GAME COMMUNICATIONS
You understand that You have no expectation of privacy regarding the communications You make in connection with the Game, including, without limitation, through private in-game messaging or in open “chat,” or in chat rooms, and on our forums, and that UCE representatives may monitor all communications made by or received from You. You understand that You should never provide any private information to any other player in the Game and will not hold UCE responsible for the consequences of any such disclosure by You. Further, You understand that in playing the Game, You may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language. You are free to report any instances of such behavior to UCE/Steam, and we will take such measures as UCE, in its sole business judgment, determines are reasonable when such behavior violates either the EUALA or the Code of Conduct.
HOWEVER, UCE DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS THAT YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OR HARASSING WHILE YOU PLAY THIS GAME. IN THE EVENT THAT UCE CHOOSES NOT TO TAKE ANY ACTION AGAINST A GAME PLAYER, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE, OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL UCE OR OUR PARENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), AND/OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE GAME, OR YOUR TIME SPENT PLAYING THE GAME, EVEN IF ANY OF THE SAME HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES SHALL BE LIMITED TO AN AGGREGATE AMOUNT OF $100. THIS DISCLAIMER SHALL BE INDEPENDENT OF ANY OTHER LIMITATION ON REMEDIES SET FORTH HEREIN.
8. PARENTAL GUIDANCE
This Game is intended for players of all ages. Nonetheless, some parents may find some aspects of the Game or Game Content inappropriate for some age levels. While UCE may choose to monitor and act upon inappropriate gameplay, chat, or links to the Game, it is possible that at any time there may be language or other material accessible on or through the Game that may be inappropriate for children or offensive to some users of any age. While UCE has established the Code of Conduct, this EUALA, and the Web site terms of use to govern Game player conduct, UCE cannot ensure that other players will not provide User Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. UCE will abide by the Children’s Online Privacy Protection Act (“COPPA”) and its privacy policy, which You as a parent agree to as part of this EUALA, and UCE will not disseminate any clearly personally identifiable information to any third party unless in accordance with our privacy policy or if compelled pursuant to paragraph 9 below.
9. DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
We cannot ensure that your communications within the Game and other personally identifiable information given to us will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and You hereby expressly authorize us to) disclose any information about You to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury. Furthermore, if You request any technical support, You consent to our remote accessing and review of the computer You use to access the System and play the Game for purposes of patching, support and debugging. You agree that we may communicate with You via email, chat, and any similar technology for any purpose relating to the Game, the System, the Game Content, and the Software, including customer support, and any services or software which may in the future be provided by us or on our behalf. You are encouraged to read our privacy policy which governs the collection and use of personally identifiable information.
10. WARRANTY DISCLAIMERS; LIMITATION OF DAMAGES AND EXCLUSIVE REMEDIES; INDEMNITY
WE PROVIDE THE INFORMATION SERVICES OFFERED HEREUNDER, THE SYSTEM, THE ACCOUNT, THE GAME CONTENT, THE USER CONTENT, THE GAME, THE SOFTWARE, AND ALL OTHER SERVICES “AS IS,” IN ITS AND THEIR PRESENT STATE AND CONDITION.
UCE CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SYSTEM OR YOUR ACCESS TO THE SYSTEM, THE SOFTWARE, OR THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. UCE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PRODUCED OR DISPLAYED IN CONNECTION WITH THE GAME. UCE MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. NO WARRANTY, REPRESENTATION, COVENANT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE GAME IS GIVEN OR ASSUMED BY UCE; ALL SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS EUALA, IF ANY, THE SYSTEM, ALL INFORMATION ACCESSIBLE THROUGH THE SYSTEM, THE ACCOUNT, THE GAME CONTENT, THE USER CONTENT, THE GAME, ALL OTHER SERVICES, AND THE SOFTWARE ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO COMPATABILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND EFFORT IS WITH YOU.
UCE MAKES NO REPRESENTATION OR WARRANTY THAT THE GAME AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC COMPUTER EQUIPMENT OR WITH ANY SPECIFIC SOFTWARE OR THAT IT IS FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE A HARMFUL EFFECT ON ANY TECHNOLOGY. UCE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION REQUIRED FOR YOU TO ACCESS THE SYSTEM AND THE GAME, OR REGARDING ANY THIRD-PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO PLAY THE GAME.
YOU MAY ACCESS THE SYSTEM THROUGH YOUR ACCOUNT AT TIMES SUBSTANTIALLY OF YOUR OWN CHOOSING, BUT WE CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE ABLE TO ACCESS YOUR ACCOUNT WHENEVER YOU WANT. THERE MAY BE FROM TIME-TO-TIME FAILURES TO HAVE ACCESS TO THE GAME AND SYSTEM AVAILABLE, CONSISTENT WITH THE ORDINARY STANDARDS APPLICABLE TO THE
ONLINE INFORMATION SERVICES INDUSTRY, OR CAUSED BY SCHEDULED OR EMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REPAIRS AND IMPROVEMENTS, REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONS NETWORKS OR DEVICES, AND EVENTS BEYOND UCE’S REASONABLE ABILITY TO CONTROL, AND UCE SHALL NOT BE LIABLE FOR BREACH OF WARRANTY OF THIS AGREEMENT IN SUCH EVENTS. YOU HEREBY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THERE IS NO GUARANTEE THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR THAT UCE SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM OR THE GAME ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTERS AND/OR ACCOUNT ATTRIBUTES DURING YOUR TIME PLAYING THE GAME. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING THE GAME OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT, WERE IT TO BE SOLD. NOR IS UCE LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS, ACCOUNT, DLC, AND ANY OTHER ACCOUNT ATTRIBUTES IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE GAME AS A WHOLE IS TERMINATED.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL UCE BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION DEATH, RESULTING FROM ACCESS TO, OR USE OF, THE GAME, THE SOFTWARE OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE GAME, OR (II) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR YOUR USE, MISUSE OF OR ACCESS TO THE GAME OR CONTENT RELATING TO IT, OR THE EXCHANGE OF INFORMATION WITH THE GAME, EVEN IF ANY THOSE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH, THE GAME.
IN NO EVENT SHALL UCE’S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM UNDER THIS AGREEMENT, EXCEED THE AGGREGATE AMOUNT OF THE LARGER OF: i) ONE HUNDRED U.S. DOLLARS ($100); OR ii) THE AMOUNT YOU HAVE SPENT ON DEVELOPMENT TIERS AND/OR ACCOUNT ATTRIBUTES UP TO THE POINT OF COMMERCIAL LAUNCH OF THE GAME. IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN UCE’S LIABILITY SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO DISTRIBUTOR, AGENT, OR EMPLOYEE OF UCE IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITION TO THIS WARRANTY.
You represent and warrant that You are accessing and using the Game in compliance with all applicable laws and regulations of your jurisdiction and with the terms and conditions of this EUALA, and that all information provided to UCE or its designee by You in connection with this EUALA, including, without limitation, all registration information, is true, correct, and accurate. You must promptly provide UCE or its designee with an update in writing if any of your information changes.
Your use of the System and the Game, your access to your Account, and your entering into the Game constitutes your agreement to defend, indemnify and hold harmless UCE and its affiliated companies, employees, contractors, officers, and directors from any claims, demands, damages, and expenses, including reasonable attorney’s fees, incurred directly or indirectly by UCE, arising out of or relating to your use or misuse of the Game, your access to the System or your Account, your playing the Game, including a third party’s use or misuse of your
Account and/or Password, or any actual or alleged breach or non-performance by You of your representations, warranties, or obligations hereunder. UCE shall have the right to retain counsel of its choice to defend any action or suit subject to your indemnification obligations hereunder, at your expense.
11. GOVERNING LAW; EXCLUSIVE FORUM AND DISPUTE RESOLUTION PROCEDURE
THE EUALA, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE COMMONWEALTH OF VIRGINIA AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN VIRGINIA BETWEEN VIRGINIA RESIDENTS, BUT WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF VIRGINIA LAW. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR RESOLVING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE EUALA, OR OTHERWISE RELATING TO ANY RIGHTS IN, ACCESS TO OR USE OF, THE SYSTEM, THE GAME, GAME CONTENT, USER CONTENT, AND/OR THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE BINDING ARBITRATION, UNDER THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) COMMERCIAL ARBITRATION RULES THEN IN EFFECT. THE PARTIES ALSO AGREE THAT THE AAA OPTIONAL RULES FOR EMERGENCY MEASURES OF PROTECTION SHALL ALSO APPLY TO THE PROCEEDINGS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.
IN THE EVENT THAT YOU INITIATE AN ARBITRATION PROCEEDING AGAINST UCE, IF YOU INITIATE THAT ARBITRATION IN FAIRFAX, VIRGINIA, THEN UCE AGREES TO PAY ONE- HALF (1/2) OF THE INITIAL COSTS OF BRINGING THAT ACTION, SUBJECT TO RECOUPMENT AT THE END OF THE ARBITRATION IN THE EVENT THAT THE ARBITRATORS DO NOT AWARD YOU THE AMOUNT OF DAMAGES SPECIFIED IN YOUR CLAIM. IN THE EVENT THAT YOU INITIATE AN ARBITRATION PROCEEDING IN ANY OTHER FORUM, YOU WILL BE REQUIRED TO PAY THE FULL AMOUNT OF THE ARBITRATION FEE, IN LIGHT OF THE COSTS UCE WILL BE REQUIRED TO INCUR IN DEFENDING AN ACTION IN A FOREIGN JURISDICTION. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.
12. ADDITIONAL TERMS AND CONDITIONS OF THIS EARLY ACCESS PHASE
(a)By opting in to the Early Access Phase, You agree that: (i) Early Access Phase is at Your own risk and that You know that the Game and/or Early Access Phase materials will include known or unknown bugs, (ii) any value or data that You achieve through game play may be erased at any time, (iii) UCE has no obligation to make the Game available for play with or without charge for any period of time, nor to make them available at all, and (iv) this Agreement will apply to Your use of the Game during the Early Access Phase;
(b)The Game may contain functions for collecting and tracking information related to the Early Access Phase and players activities and actions within the Game. You acknowledge that UCE does and may collect data derived from Your playing of the Game, and UCE reserves the right to compile, save, use, and analyze such information. The collection and storage of the above data and Game play is solely for the purposes of facilitating the existing functionality of the Game, assisting UCE in assessing improvements to it and other games based on general playing patterns and for digital management purposes; and
13. Code of Conduct
13.1 Player Actions In-Game or On Forums
1) Be Nice and treat others the way they wanted to be treated. Nobody says You must be AWESOME but don’t threaten, bully, abuse, harass other Players and try to always be respectful to other people, even if you think they just cost you the match.
2) Play the Game the Right Way. That’s why You are here we hope. Our game and our Forums are not intended to be a way for players to be terrible to each other. Also, please don’t cheat, exploit bugs repeatedly, don’t support gold sellers.
If You are awful to other people, section 13.4 will apply. This includes crap like promoting hate/prejudice/violence towards real life people, you know, like the people you interact outside the game! If you have issues with people based on things such as gender, race, religion, sexual orientation, age, etc. please keep them to yourself. What You believe is up to you, but if you express those views and/or take action by expressing those views in everything from chat, to livestreaming our game, to voice chat, we will terminate this Agreement.
13.2 Names Matter
This applies to all player-made names in the Game. Player-made names may not:
13.3 The Spirit of the Game
Company reserves the right to determine what constitutes the above and to take action as deem appropriate and while we have included a few examples above, this is not a final nor exhaustive list of things you should and shouldn’t do. If you have been playing MMORPGs and/or other games, you know what this means:
We reserve the right to penalize any account or take other disciplinary actions at any time for any conduct that we determine to violate the spirit of this EUALA or the game, or otherwise find to be inappropriate or harmful to the community. If you are unsure if your behavior will violate the EUALA, it probably does so please don’t do it.
13.4 Enforcement and Other Unpleasant Actions
Don’t try to be clever/sneaky/deceptive in order to evade any disciplinary action by, for example, creating new accounts or asking others to act on your behalf. Any attempt to circumvent a penalty will also result in additional enforcement against your account, up to a permanent ban.
Disciplinary actions may include: a warning, a strike on your account, restricting your account, suspending your account, or permanently banning your account (resulting in forfeiture of in-game items and in-game currency balances associated with the account).
14. MISCELLANEOUS
You acknowledge and agree that any breach or threatened breach by You of this EUALA may result in immediate and irreparable damage to UCE or its licensors or designees for which there is no adequate remedy at law, and in such event UCE, its designee or its licensors, as applicable, shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, without the necessity of posting bond or other security. You acknowledge that You have read this entire EUALA and that this EUALA constitutes the entire understanding and contract between You and UCE and supersede all prior oral and written communications regarding the subject matter.
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, access to your Account and playing of the Game. Without limiting the foregoing, You may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with this EUALA and all applicable laws and regulations. By this EUALA, You acquire no express or implied rights in or to use UCE’s or its supplier’s trade names, trademarks, or servicemarks.
If any part of the EUALA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EUALA, and the remaining portions shall remain in full force and effect.
Except as otherwise provided herein, You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and Agreement between us and You with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, this Agreement may not be modified or amended.
This EUALA was last updated on March 11th, 2024.
