In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following General Considerations, Community Guidelines, and End User License Agreement. This not only helps us preserve a healthy and fun environment or all of our players, but it also allows us to continuously improve your player experience.
For purposes of this Agreement, “Digital Storefront(s)” means the Epic Games Store, Xbox Games Store, PlayStation Store or other services and platforms where the Game is made available. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT PERMITTED TO ACCESS, DOWNLOAD, INSTALL, COPY, OR USE THE GAME. TO THE EXTENT APPLICABLE, IF YOU REJECT THE TERMS OF THIS AGREEMENT AFTER YOUR PURCHASE OF THE GAME FROM ANY DIGITAL STOREFRONT, YOU MAY ONLY INQUIRE ABOUT A POSSIBLE REFUND OF THE PURCHASE PRICE OF THAT GAME FROM THE APPLICABLE DIGITAL STOREFRONT AND YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE APPLICABLE DIGITAL STOREFRONT’S RETURN POLICY. IF YOU PURCHASED THE GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY. SIMILARLY, ALL CUSTOMER SUPPORT INQUIRIES ARE TO BE DIRECTED TO THE APPLICABLE DIGITAL STOREFRONT.
The term “Game” means our interactive entertainment product currently entitled “Rumbleverse”, including the game client and all versions thereof across all playable platforms, and also refers to all expansions, updates, and all content and Intellectual Property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devices, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
“Services” means the Game and all services offered by Iron Galaxy LLC thereto, including but not limited to our website, community, and social media accounts, and all others means by which you interact with us and our products and services.
By downloading and accessing the Game and using our Services, you hereby accept the Community Guidelines and End User License Agreement contained herein (collectively, the “Agreement”) in full. Do not continue to use the Services if you do not accept all of the terms and conditions set forth below. You acknowledge that we reserve the right, in our sole discretion, to modify this Agreement and to modify, suspend, or discontinue the Game, in whole or in part, at any time, and that you have no monetary or other interest, in any feature or content contained in the Game. Anytime changes are made to the Agreement, we will post the new version at www.rumbleverse.com/eula and update the “Last Updated” date. You are responsible to check this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must immediately uninstall and destroy all copies of the Game. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
The following terminology applies to this Agreement, and any or related agreements referenced herein: "End User", “you” and “your” refers to you, the person accessing this Game and accepting these terms and conditions. "The Company", “Iron Galaxy”, “ourselves”, “we”, “our” and "us", refers to our company, Iron Galaxy LLC. “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated Services/products, in accordance with and subject to, United States and applicable international law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she/they, are taken as interchangeable and therefore as referring to the same.
If you have consented or requested to play test our Game during the pre-release period (“Playtest”), then at the time you are receiving this Agreement, the current version of the Game is a pre-release version currently entitled “Codename: Beef” that has not been made available to the public.
As such, we deem all of the content made available to you pursuant to the Playtest, including but not limited to the Game and any and all Intellectual Property embodied therein, software, code, communications, documentation, and any and all Game content, features, artwork, mechanics, design, scripts and dialogue, displays, photographs, sound recordings and sound effects, and all other concepts, ideas, feedback, bug reports, tickets, information retained through customer and technical support, business plans, and the contents of this Agreement highly confidential and proprietary (“Confidential Information”), and we require that you comply with the following during and subsequent to the term of the Playtest, and until the Game has been made publicly available for release:
- You hereby agree to hold and keep in strict confidence any and all such Confidential Information and that without written authorization from Iron Galaxy, you will not, directly or indirectly, disclose any Confidential Information of Iron Galaxy or concerning the Game and/or Playtest to any person not authorized by us to receive such information, or use any such Confidential Information, for any purpose except as reasonably required by applicable law.
- You will not use or disclose any Feedback, User Comments, or User Generated Content, or otherwise remove, film, photograph or otherwise record, copy, reproduce or reduce to writing any Confidential Information, except as authorized by Iron Galaxy and strictly necessary for the Playtest. You shall take all steps and measures to maintain all Confidential Information in a manner so as to prevent unauthorized use or reproduction thereof, and minimize the risk of disclosure of the Confidential Information by ensuring that only you can access and participate in the Playtest and shall make use of the Confidential Information only in connection with the Playtest, and only for so long as such use is necessary. You shall be responsible for any breach of the terms of this Agreement and shall take all measures (including but not limited to court proceedings) to restrain any disclosure or use of the Confidential Information not expressly authorized hereunder.
- You agree to use adequate, safe and secure measures to protect the Confidential Information in accordance with the security standards required by Iron Galaxy and communicated to you, including storage and handling measures designed to prevent unauthorized disclosure or use of same. You shall immediately advise us of any such unauthorized disclosure or use, including any potential security compromise to game keys, passwords, or other credentials provided by Iron Galaxy or its employees.
- If requested by Iron Galaxy in writing (e-mail is sufficient), you will immediately delete or otherwise destroy any and all copies of the Game from any and all computers, devices, library, or any other applicable method by which the Game may be used, accessed, viewed or otherwise perceived.
- To the extent that all or any part of this “Pre-Release Confidentiality” section directly contradicts any other portion of this Agreement, the terms of this section shall control.
We want to make sure that our Game and Services remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting this Agreement, you understand that these Community Guidelines apply to your use of the Services, including any and all social media channels (including but not limited to our Digital Storefronts, and other social media platforms as may be applicable) in connection with the Game (collectively herein the “Community”). Your failure to comply with any part of this Agreement, including the Community Guidelines, may result in your account termination, to the extent applicable, or loss of access to the Community.
Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless the Company, its service providers, and their respective officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.
Playing our Game
You may download and play our Game via the applicable Digital Storefronts. You may also be required to create a user account for the Digital Storefront through which you are accessing our Game in order to purchase, download, and use the Game on that service. Each Digital Storefront’s account registration procedure may vary; please see the applicable Digital Storefront’s documentation or website for instructions.
We retain the right to monitor and/or record your communications sent to us directly or within our dedicated communities, and you acknowledge and agree that when you communicate with us, you have no expectation that your communications will be private. We have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Company policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone that we believe may be threatened; or (e) to report a crime or other offensive behavior.
Your use of the Services and our Game, along with your ability to access your account or communicate with other players is governed by the Community Guidelines, End User License Agreement (the “EULA”), and those in-game policies we may from time to time deploy or enforce at our sole and exclusive discretion. The Community Guidelines and EULA are not meant to be exhaustive. The Community Guidelines and EULA are incorporated into this Agreement by this reference as provided herein.
User Comments and Feedback
Our Community offers various opportunities over the internet to interact and share your opinions and thoughts with us and other End Users in connection with the Game. However, please note that the opinions or views expressed, or statements made to the Community (other than by our employees, officers, or verified community leaders) via posts, user comments, feedback, online chat, or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of the Company.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community Guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to your review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments, through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license to use your User Comments in connection with the promotion of the Game.
We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, or posting Feedback to any online medium, you hereby assign all right, title, and interest in and to the Feedback to us, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable U.S. or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.
User Generated Content
In accordance with the Pre-Release Confidentiality, during the pre-launch and Playtest period, we do not permit the production or distribution of fan art, fan fiction, video montages or other creative content developed by fans in connection with our Game (“User Generated Content”). You acknowledge that nothing in this End User License Agreement and Terms of Service conveys any right to create derivative works of our Game without our express written permission.
However, we may enable access to secure or secret channels or communications during the pre-launch and Playtest period so that we may receive your Feedback and impressions of the Game. Feedback shared with the Community must comply with the Community Guidelines and this End User License Agreement. Failure to comply with any of the terms contained therein may result in our utilizing any legal remedies that may be available to us and whatever other remedies that may be available to us, including issuing takedown notices to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
After the pre-launch and Playtest period, and once the Game is made publicly available, we encourage the creation and sharing of non-commercial User Generated Content with our Community, as well as streaming and recording your Game play through social media or other online video streaming services. We consider User Generated Content to be “commercial” if you solicit donations or monetary support in any form, and we will generally enforce our Intellectual Property rights against commercial infringement. In the event that you seek to profit from the use of our Game and its Intellectual Property, you must seek permission from Iron Galaxy and obtain a license to do so. For purposes of this Agreement, we also consider your streams and videos containing our Game “User Generated Content”. Where the applicable service enables users to monetize streams and videos, we will generally not request takedown of User Generated Content if at least eighty percent (80%) of the content within the video has been created by the End User (i.e., custom commentary, animations, graphics, or gameplay). You further represent that you have the right to post any User Generated Content that you post in relation to the Game, and that such User Generated Content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the Intellectual Property rights of others.
In all instances, User Generated Content linked or shared with the Community must comply with these Community Guidelines and our End User License Agreement. You agree that neither Iron Galaxy, nor any platform on which you access and/or use the Game is liable for User Generated Content that is provided by you or others. Iron Galaxy has no duty to pre-screen User Generated Content, but has the right to refuse to post, edit, or deliver submitted User Generated Content. Iron Galaxy reserves the right to remove User Generated Content for any reason in its sole discretion, but is not responsible for any failure or delay in removing such material. Iron Galaxy also reserves the right to block any End User’s access to any content, website or webpage that Iron Galaxy provides in our sole discretion. Failure to comply with any of the terms contained therein may result in our utilizing any legal remedies may be available to us, including issuing takedown notices to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content with the Community, you grant us an unrestricted, irrevocable, perpetual, royalty-free, non-exclusive, fully transferable and sub-licensable worldwide right and license to use your User Generated Content including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon “moral rights” (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder or to any third-party service or online platform. The foregoing license grant, and the above waiver of any applicable moral rights, survives any termination of this license or the Agreement.
To the extent possible under international law, we are not liable for any copyright infringement arising from any User Generated Content, User Comments, or Feedback shared with the Community. However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any online platform or Digital Storefront used to share copyrighted works (in such event, you should look for the takedown procedure supplied by the online platform or Digital Storefront). If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified in the Game or Community channels under our direct control, including a verifiable link to the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
The above information should be provided to our registered DMCA agent for notice of claims of copyright or other Intellectual Property infringement, who can be reached at:
Nolan Heimann LLP
16000 Ventura Blvd., Suite 1200
Encino, CA 91436
+1 (818) 574-5710
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the registered DMCA agent identified above before we can investigate your claim or re-post your content:
- Your physical or electronic signature;
- Your name, address and phone number;
- Identification of the material and its location before it was removed;
- A statement under penalty of perjury that the material was removed by mistake or misidentification;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
- Your consent to accept service of process from the party who submitted the takedown notice.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Iron Galaxy in connection with the written notification and allegation of copyright infringement.
Community Rules and Restrictions
By entering into this Agreement, you agree to comply with the following Community Guidelines:
- Nothing you share with the Community, including but not limited to User Generated Content or User Comments, may contain content that infringes on the Intellectual Property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or any other right of any third party;
- To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
- You will NOT threaten or harass other End Users. Harassment includes but is not limited to:
- Publicly disclosing personally identifiable information of another End User or member of the Community;
- Stalking, doxing, or otherwise infringing on the privacy of any member of the Community;
- Disparaging, defaming, name-calling, or engaging in any form of discrimination against another member of the Community;
- Threaten or incite violence towards any members of the Community or Company;
- Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to a member of the Community;
- Making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or the Company; or
- Using exploits, hacks, or third-party tools to obtain an unfair advantage against other members of the Community in-Game.
- You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion.
- You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Games that you dislike. Your sole remedy for that is to stop playing that Game;
- You will not engage in solicitation or advertise other products or services to the Community without our prior consent (e-mail is sufficient); and
- You may not commercially distribute, sell, or otherwise commercially exploit User Generated Content (including video streaming) without our prior consent (e-mail is sufficient).
Failure to comply with the Community Guidelines set forth above will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to the Company or a third-party may be accompanied by the application of any and all legal rights and claims reserved by us in accordance with this Agreement.
The Company trademarks (“Company Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community Guidelines; AND (2) when the applicable policy associated with that activity specifically references your right to use the Company Marks pursuant to this policy.
- You may use the Company Marks only for non-commercial purposes, except as permitted by the applicable policy.
- The Company Marks may only be used in connection with high quality materials.
- Use the appropriate trademark symbol (™, ®) listed below the first time that a Company Mark appears in your material.
- You should provide credit to us by using the credit lines associated with the Company Marks that you use.
- Alter a Company logo other than to adjust the overall size of the logo;
- Modify or alter a Company Mark or logo or use them in a way that confuses the Company or its games with another brand, game, or game developer/publisher;
- Use a Company Mark in a plural or possessive form;
- Use a Company Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
- Use a Company Mark in conjunction with your name or any other trademark or trade name;
- Use the Company Marks in a way that is deceptive, harmful, obscene or disparaging to others;
- Present or feature any Company Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities;
- Use a Company Mark in the domain name of your website's URL;
- Apply for trademark registration of a product, service, etc., with a name that includes a Company Mark or, any variation thereof;
- Use a Company Mark in a manner that, in our sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; or
- Use a Company Mark in any manner than implies a relationship with, sponsorship, or endorsement by Company, unless otherwise authorized by us in writing.
End User License Agreement
We retain exclusive rights for any and all State, Federal, and International Intellectual Property and proprietary rights in and to our Games and all copies of our Games, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, goodwill and any and all other Intellectual Property and proprietary rights embodied in or derived from our Games or any content embodied therein. We prohibit the copying, reproduction, and circumvention of technology of our Games beyond the terms of this license. Our Games are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Games is contingent upon your compliance with this Agreement and the License Terms set forth below.
We hereby grant you a non-exclusive, revocable, non-transferrable, and limited right and license to access, download, or otherwise make use of the Game for your personal, non-commercial use. Continued use of the Game is contingent upon your compliance with the following:
- You represent that you are (i) at least thirteen (13) years of age or the age of majority in your country of residence, or (ii) your parent or legal guardian has consented to your use of the Game. If you are at least thirteen (13) years of age or the age of majority in your country of residence, you agree to this End User License Agreement on your own behalf, and you acknowledge that we may terminate your use of our Services at any time subject to the terms set forth herein. IF YOU ARE A PARENT OR LEGAL GUARDIAN WHO HAS CONSENTED TO YOUR CHILD’S USE OF THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND THAT YOU AGREE TO BE BOUND BY THE WITHIN TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION, BEING LIABLE FOR ALL USE OF THE SERVICS BY THE CHILD.
- You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game.
- You must comply with the Pre-Release Confidentiality and Community Guidelines set forth above. Failure to comply will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to the Company or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein.
- Absent a valid distribution Agreement between you and the Company, you may not commercially exploit or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game.
- You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience.
- You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces.
- You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us.
- You may not provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
- You may not facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us.
- You may not violate any applicable law or regulation in connection with your use of the Game.
- You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Ownership and Independent Origin
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, the rights in and to any User Generated Content or third-party content created in connection with the Game remains with its respective owners and we do not claim any right, obligation, or liability thereto.
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. IRON GALAXY HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE GAME.
IRON GALAXY LLC AND ITS DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR OR EMBARGO). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
LIMITATION OF LIABILITY
YOUR USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF DOWNLOAD OR USE OF THE GAME.
Term and Termination
Term. This Agreement is effective upon your first use of our Services and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that we choose to cease providing the Services, or license to a third party the right to provide the Services, we are not required to provide notice to you. Neither the Services nor our agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of our servers or other technology.
Termination. You are entitled to terminate this Agreement at any time by notifying us by email at firstname.lastname@example.org.
We reserve the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, suspensions and terminations of the Services are the result of violations of this Agreement. In case of minor violations of these rules, you may receive a prior warning and/or suspension due to your non-compliance prior to terminating the Agreement, which may eventually lead to modification or deletion of your account.
In the event of a termination of this Agreement, any right you may have had to the Game or Services is forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were paid on your account prior to any termination of this Agreement.
Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Illinois, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
Assignment. We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without our prior written consent. Any assignment made by you of this Agreement without our prior written consent shall be void.
No Waiver. Our failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, we may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. We shall not be deemed in default of this Agreement to the extent that performance of our obligations are delayed or prevented by reason of any act of God, any pandemic, bacteria, virus, or other novel pathogen that results in any communicable disease, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond our control.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Provision of Service. Except as expressly set forth in this Agreement, Iron Galaxy has no obligation to furnish any maintenance and/or support services with respect to the Game. All customer support inquiries related to the Game must be submitted to the applicable Digital Storefront. No support inquiries should be sent to Iron Galaxy.
Entire Agreement. This EULA, along with our other applicable agreements referenced herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Survival. All provisions reasonably necessary to preserve any and all rights and available claims by us survive termination of this Agreement for any reason.