Last Modified 01 September 2015
Battlefall is a multiplayer computer game developed by VisionCraft Studio. In this Agreement (as defined below), “VisionCraft Studio” means VisionCraft Studio, and its licensees, as applicable; “you” and “your” mean the user of the computer on which the Game will be or has been installed and who therefore agrees to this Agreement.
I. LIMITED USE LICENSE
The Site and the Game are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Your rights to use the Game software (the “Software”) are defined in and subject to the terms and conditions of the Game’s End User License Agreement, which is located at the bottom of the Site’s homepage and is incorporated herein by reference (the “EULA”), in addition to this Agreement. The Site, the Game, the Software and “fan kits,” if any are made available (collectively, the “Properties”) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by VisionCraft Studio, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.
In using the Site, and/or by clicking “accept” when you install the Software, you acknowledge that you have read, understand and agree with the terms of this Agreement. In order to participate in the Game, you must also: (i) read, understand and agree to the EULA; (ii) install a valid copy of the Software; (iii) register for an account in the Game (an “Account”); and (iv) meet the hardware and connection requirements published on the Site. These requirements may change as the Game evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.
III. ACCOUNT INFORMATION
B. Eligibility. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other VisionCraft Studio rules, policies, notices and/or agreements.
THE SITE AND THE GAME ARE NOT DIRECTED AT CHILDREN UNDER 18 YEARS OF AGE, NOR DOES VIISIONCRAFT KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 18. IF YOU ARE UNDER 18, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO VISIONCRAFT STUDIO.
C. Login Credentials. In creating an Account, you will be required to select a unique username and password (collectively, “Login Credentials”), which you will use each time you access the Game. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify VisionCraft Studio immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.
D. Account Sales. The Account supplied to you is personal to you, and VisionCraft Studio does not recognize and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by VisionCraft Studio) may result in suspension or termination of your Account.
2. By You. You may terminate your Account at any time, for any reason or no reason, by contacting VisionCraft Studio at email@example.com.
3. By the Community via Crowd Sourcing. VisionCraft Studio has empowered its community of users (the “Community”) to police the compliance of other users with the “Player’s Code”, which outlines the principles of ideal game play behavior and can be located on the Site, as well as with other VisinCraft Studio policies. Additionally, Community members, including you as a user, are allowed to submit descriptions of activity and actions of certain users within the Game, and collectively determine if that particular user was in compliance with the VisionCraft Studio policies relating to user conduct, including, but not limited to, the Player’s Code and the Code of Conduct (defined below). This system of allowing the Community to review user behavior in the Game is called The Battleobserver®. Should The Battleobserver determine that you have acted in contravention of any one of the VisionCraft Studio policies, VisionCraft Studio may, in its discretion, ban your use of the Game and suspend, terminate and/or delete your Account. The guidelines governing The Battleobserver can be found on the Site.
A. Intellectual Property. All rights and title in and to the Properties, and all content included therein (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Battle Points (defined below), audio-visual effects, character likenesses, and methods of operation, trademarks, service marks, trade names, logos, domain names, taglines, patents, inventions, utility models, know-how, and any other intellectual property) are owned by Battlefall Studio or its licensors. The Properties, and all content therein are protected by Germany and other international intellectual property laws (as applicable). VisionCraft Studio and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by VisionCraft Studio. Additionally, except as otherwise set forth in this Section IV.A, VisionCraft Studio does not authorize you to make any use whatsoever of any VisionCraft Studio trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the “VisionCraft Studio Marks”) under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
Notwithstanding the above, VisionCraft Studio may make a “fan kit” available to you (which may be located on the Site) that includes a limited license to use certain VisionCraft Studio Marks and other proprietary material. Except for the license expressly granted with the “fan kit,” VisionCraft Studio reserves all rights, title, and interest in VisionCraft Studio Marks and all other intellectual property, and does not authorize you to display or use such in any manner, including but not limited to use on websites, on blogs, in forums, in signatures, on products, or in printed or electronic publications.
B. Game Assets, Virtual Items, and Accounts. When using the Game, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators (“Game Assets”) that reside on servers operated by VisionCraft Studio as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You may also utilize our Battle Points (defined below) system to license certain Game Assets that can be used while playing the Game, including, but not limited to, special champions, champion “skins,” and boosts (“Virtual Items”). You acknowledge and agree that VisionCraft Studio has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. VisionCraft Studio does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by VisionCraft Studio, including without limitation the Game Assets and Virtual Items associated with your Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT, OTHER THAN YOUR LIMITED ACCESS TO USE THE ACCOUNT, ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF VISIONCRAFT STUDIO. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAME ASSETS, VIRTUAL ITEMS OR BATTLE POINTS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR BATTLE POINTS OR VIRTUAL ITEMS. FURTHERMORE, VISIONCRAFT STUDIO SHALL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME ASSETS, VIRTUAL ITEMS OR BATTLE POINTS, INCLUDING BUT NOT LIMITED TO THE DELETION OF GAME ASSETS, VIRTUAL ITEMS OR BATTLE POINTS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
C. Unsolicited Idea Submissions. VisionCraft Studio values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither VisionCraft Studio nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to VisionCraft Studio or its employees and/or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when VisionCraft Studio’ products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to VisionCraft Studio or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant VisionCraft Studio and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to VisionCraft Studio as specified above are valid, effective and enforceable. To the maximum extent permitted by the laws of your jurisdiction, you also give up any claim that any use by VisionCraft Studio and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein. You hereby authorize VisionCraft Studio and its designees, assignees and licensees (1) to determine at their sole discretion whether to use your real name or not when using the Unsolicited Ideas, (2) to disclose to the public the Unsolicited Ideas, (3) to use the Unsolicited Ideas with indication of your name as an author or without such indication at its sole discretion, and (4) to amend, alter, abbreviate and otherwise revise and modify the Unsolicited Ideas at the sole discretion of VisionCraft Studio and its designees, assignees and licensees.
V. FEES; BATTLE POINTS; BILLING.
Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to VisionCraft Studio and/or the third-party payment provider used by VisionCraft Studio. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Depending on your region, there may be multiple payment options available to you. You will be directed to choose the payment method you desire and enter the applicable payment information. Your purchase will be complete upon your acceptance of the payment terms (if applicable) and clicking the “pay now” button, at which point a confirmation email will be sent to you. Depending on the payment method you select, you may be redirected to a third-party payment site, and your transaction will be subject to the third party’s payment rules and processes. VisionCraft Studio may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. VisionCraft Studio may, in its discretion, maintain transaction records for as long as it deems reasonably necessary to carry out its business.
If you have a valid, active Account, you may participate in our Battle Points service offering, which is a redeemable point system that operates like virtual currency (“Battle Points”) used to license certain Virtual Items. Battle Points can be purchased online through the in-Game store or at retail in the form of a prepaid VisionCraft Studio Game Card. Please note that you must register your VisionCraft Studio Game Card in the in-Game store in order to access the Battle Points the card contains. Battle Points might also be provided to you by VisionCraft Studio as part of a promotion, or through other means, such as completing certain quests or achievements in the Game, or through VisionCraft Studio-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition of, use of or access to Battle Points. Unless otherwise specified, all amounts due are inclusive of applicable taxes (e.g. VAT). Battle Points are sold or issued in bundles and the price may vary depending on the amount you purchase and where you are purchasing. As VisionCraft Studio feels necessary, in its sole and absolute discretion, VisionCraft Studio may limit the total amount of Battle Points that may be purchased at any one time, and/or limit the total Battle Points that may be held in your Account in the aggregate. VisionCraft Studio will notify you in the event that you near any such limit. Additionally, price and availability of Battle Points and/or Virtual Items are subject to change without notice (to the extent permitted by applicable law). Some Virtual Items you obtain may have expiration dates while others do not, and each Virtual Item you obtain using Battle Points will be included in your Account until the earlier of that Virtual Item’s expiration date, or your Account’s expiration or termination date, or such date when VisionCraft Studio ceases to offer or support the Game.
YOU ACKNOWLEDGE AND AGREE THAT THE BATTLE POINTS SYSTEM AND THE VIRTUAL ITEMS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH, AND THAT YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
You are responsible for verifying that the proper amount of Battle Points has been added to or deducted from your Account during any given transaction, so please notify VisionCraft Studio immediately should you believe that a mistake has been made with respect to your Battle Points balance. VisionCraft Studio will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. VisionCraft Studio will let you know the results of the investigation, however, you acknowledge and agree that VisionCraft Studio has discretion in determining whether or not your claim is valid, and if so, the appropriate remedy. The sale or transfer of Virtual Items or Battle Points between users may only be conducted via services approved of and provided by VisionCraft Studio, if any, and VisionCraft Studio may terminate any Account that acts in contravention of this prohibition.
NO REFUNDS WILL BE MADE FOR THE PURCHASE OF BATTLE POINTS OR FOR VIRTUAL ITEMS OBTAINED USING BATTLE POINTS. IF YOU ARE AN EU SUBSCRIBER, YOU HAVE THE RIGHT TO WITHDRAW FROM A PURCHASE OF BATTLE POINTS WITHIN 14 DAYS OF YOUR PURCHASE, WITHOUT GIVING A REASON. YOU HEREBY EXPRESSLY ACKNOWLEDGE THAT YOU WAIVE YOUR RIGHT OF WITHDRAWAL WITH RESPECT TO OUR SERVICE OF PROVIDING YOU BATTLE POINTS ONCE THE PERFORMANCE OF OUR SERVICE HAS BEGUN AND YOUR ACCOUNT IS PROVIDED WITH ACCESS TO THE BATTLE POINTS. FURTHERMORE, YOU HEREBY EXPRESSLY ACKNOWLEDGE, CONSENT AND AGREE THAT THE SUPPLY OF BATTLE POINTS AND THE PERFORMANCE OF SERVICES BEGINS IMMEDIATELY AFTER YOU COMPLETE YOUR PURCHASE, AND ONCE ACCESS TO THE BATTLE POINTS HAS BEEN ENABLED ON YOUR ACCOUNT, THE CONTRACT HAS BEEN FULLY PERFORMED BY US.
VI. CODE OF CONDUCT
While using any of the Properties, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Properties (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and VisionCraft Studio reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Properties, regardless of whether a specific behavior is listed here as prohibited. In addition to this Code of Conduct, please see the Player’s Code for additional guidance on exemplary game-play behavior. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of VisionCraft Studio, or communicating in any way that makes it appear that the communication originates from VisionCraft Studio;
B. Posting identifying information about yourself, or any other user, to the Site or within the Game;
C. Harassing, stalking, or threatening any other users in the Game;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of VisionCraft Studio contained in the Site, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of VisionCraft Studio, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of VisionCraft Studio, “exploits” an undocumented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of VisionCraft Studio, defrauds any other user of the Game, including, but not limited to, by “scamming” or “social engineering;”
J. Using any unauthorized third party programs, including but not limited to “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” and automation programs, that interact with the Software in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and VisionCraft Studio and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software to store information;
K. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
L. Selecting a Nickname name that is falsely indicative of an association with VisionCraft Studio, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on Nickname name choices. VisionCraft Studio may modify any name which, in the sole and exclusive judgment of VisionCraft Studio, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations; or
M. Logging out or exiting the Game during live game-play. VisionCraft Studio’ automated Battlebuster® system tracks this data overtime and issues a temporary ban when a user is determined to have left mid-game too many times. The length of the temporary ban will increase over time if a particular Account continues to leave live game play.
VII. USER CONTENT
A. Ownership. “Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any Forum (defined below) postings and/or the in-Game real-time interactive chat text (“Chat”).
You hereby acknowledge and agree that you remain fully responsible for and are the owner of any and all Content. However, you grant VisionCraft Studio from the time of uploading or transmission of the Content, non-exclusively, all now known or hereafter existing copyrights and all other intellectual property rights to all Content of every kind and nature, in perpetuity (or for the maximum duration of protection afforded by applicable law), throughout the universe and you hereby grant VisionCraft Studio as a present non-exclusive license of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Content is not licensable, you hereby grant to VisionCraft Studio and its licensors, including, without limitation, its respective successors and assigns, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. To the extent necessary, you agree that you will undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Content granted to VisionCraft Studio as specified above are valid, effective and enforceable. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You represent, warrant and agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of VisionCraft Studio and VisionCraft Studio will not be liable for any use or disclosure of any Content. You further acknowledge and agree that you shall not upload or otherwise transmit on or through the Site or the Game any Content that is subject to any third-party rights. You hereby authorize VisionCraft Studio and its designees, assignees and licensees (1) to determine at their sole discretion whether to use your real name or not when using the Content, (2) to disclose to the public the Content, (3) to use the Content with indication of your name as an author or without such indication at its sole discretion, and (4) to amend, alter, abbreviate and otherwise revise and modify the Content at the sole discretion of VisionCraft Studio and its designees, assignees and licensees.
B. Consent to Monitoring. VisionCraft Studio does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Forum postings and/or Chat) when you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content, and you further acknowledge and agree that your Chat may be used as part of The Battleobserver proceedings as more specifically set forth in Section VI.C below. VisionCraft Studio does not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. VisionCraft Studio has the right but not the obligation, in its sole discretion, to edit or remove any Content. Furthermore, VisionCraft Studio also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of VisionCraft Studio; (iv) where someone’s health or safety may be threatened; (v) to report a crime or other offensive behavior; or (vi) as part of The Battleobserver proceedings. Please take care to not provide any personally identifiable information in the Chat or the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in the Chat or Forums, and that members of VisionCraft Studio and the Community, outside of those you play directly with or against in the Game, might have access to the information in the Chat or the Forums at any time.
C. The Battleobserver. All Chat will be recorded by VisionCraft Studio and stored for a period determined by VisionCraft Studio in its sole discretion, which period VisionCraft Studio may change from time to time in accordance with the terms of The Battleobserver policy. Should your in-Game actions or conduct be reported by another user as being in contravention of the Player’s Code, in violation of this Agreement or outside the scope of any one of VisionCraft Studio’ policies, and should your case come before The Battleobserver, the entire Chat log from that particular reported Game session will be included in The Battleobserver report and available for viewing by randomly selected members of the Community who are eligible and opt to participate in The Battleobserver.
D. Forums. If you have a valid and active Account, you may post communications and other content to the “forums” section of the Site (the “Forums”). You agree to abide by the Code of Conduct, as well as the policy concerning Links (found below) while participating in the Forums. You understand that much of the information included in the Forums is from other players who are not employed by or under the control of VisionCraft Studio. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. VisionCraft Studio neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of VisionCraft Studio. VisionCraft Studio is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Except as otherwise set forth in this Agreement, under no circumstances will VisionCraft Studio be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. VisionCraft Studio reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.
VIII. UPDATES AND MODIFICATIONS
B. The Properties. In an effort to improve the Properties, you agree that VisionCraft Studio may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Game, and in such a case, you, and not VisionCraft Studio, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.
The Site may contain links to websites operated by other parties. VisionCraft Studio provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of VisionCraft Studio, and VisionCraft Studio is not responsible for the content available on the other sites. Such links do not imply endorsement by VisionCraft Studio of information or material on any other site, and VisionCraft Studio disclaims all liability with regard to your access to and use of such linked websites.
Should you choose to provide a link on the Site or within the Game (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and VisionCraft Studio, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with VisionCraft Studio’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with VisionCraft Studio; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) VisionCraft Studio reserves the right to revoke its consent to the link at any time and in its sole discretion.
X. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGMENT
If you are a right owner, in particular a copyright owner or agent thereof and believe that content posted on the Site by a VisionCraft Studio user infringes upon your rights, in particular your copyright, or you believe that content posted on the Site by a VisionCraft Studio user is unlawful for any other reason, please submit notice to the VisionCraft Studio Copyright and Content Compliance Agent with the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or the holder of the concerned right;
B. A description of the copyrighted work or your legal position that you claim has been infringed;
C. The URL of the location on the VisionCraft Studio Site containing the material that you claim is infringing;
D. Your address, telephone number, and email address;
E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or right holder, its agent, or the law; and
F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner, right holder or authorized to act on the copyright owner’s behalf.
XI. WARRANTY DISCLAIMER
THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VISIONCRAFT STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. VISIONCRAFT STUDIO DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.
FOR THE AVOIDANCE OF DOUBT VISIONCRAFT STUDIO DOES NOT DISCLAIM WARRANTIES FOR INTENTIONAL BREACH OF DUTY. THE WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET OUT BELOW.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL VISIONCRAFT STUDIO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF VISIONCRAFT STUDIO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VISIONCRAFT STUDIO BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO VISIONCRAFT STUDIO FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Notwithstanding the aforementioned limitations of liability NOTHING IN THIS AGREEMENT SHALL LIMIT VISIONCRAFT STUDIO’ LIABILITY (i) for damage from injury to life, body or health due to negligent breach of duty or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of VisionCraft Studio or (ii) for other damage arising from a grossly negligent breach of duty by VisionCraft Studio or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of VisionCraft Studio; (iii) for intentional misconduct; (iv) for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by VisionCraft Studio (“Cardinal Duties”) to the extent that is typical and foreseeable; (v) for any guarantee given by VisionCraft Studio to you; and (vi) for any liability under a jurisdiction’s applicable product liability legislation.
Because certain states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of VisionCraft Studio shall be limited to the fullest extent permitted by applicable law.
XIV. EQUITABLE REMEDIES
You hereby acknowledge and agree that VisionCraft Studio would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that VisionCraft Studio shall be entitled to claim specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XV. LEGAL DISPUTES
A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and VisionCraft Studio agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.B below). VisionCraft Studio will send its notice to the address it has on file to the extent that you have provided additional contact information to VisionCraft Studio (e.g. by participating in a promotional or survey, or contacting a customer services representative). Otherwise, VisionCraft Studio will send its notice to the email address associated with your Account. You will send your notice to Timm Lotter, Hellenstrasse 1, 76228 Karlsruhe, Germany, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
B. Exceptions to Negotiations. To the maximum extent permitted under applicable law, you and VisionCraft Studio agree that the following Claims are not subject to the above provisions concerning negotiations: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or VisionCraft Studio’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any Claim for equitable relief. To the extent applicable, you further agree not to bring Claims on a representative or class member basis, or as a private attorney general. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of litigation.
C. Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be governed by, and will be construed under, the laws of Germany, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of Germany. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Game if you access the Game from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement. If you access the Game from, and are a resident of, the European Community and you are a consumer, you may have other or additional mandatory rights or remedies by law as set out in this Agreement.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and VisionCraft Studio may terminate this Agreement at any time with notice to the other. Termination by VisionCraft Studio will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Game. If, however, you wish to terminate your Account, you must affirmatively do so by notifying VisionCraft Studio at firstname.lastname@example.org as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.
A. Assignment. VisionCraft Studio 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 the Agreement without VisionCraft Studio’ prior written consent, and any unauthorized assignment by you shall be null and void.
B. Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact VisionCraft Studio for any other reason, please contact VisionCraft Studio support at email@example.com, or visit the “support” tab on the Site.
D. Force Majeure. VisionCraft Studio shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of VisionCraft Studio, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond VisionCraft Studio’ control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
E. Location. The Site and the Game are operated by VisionCraft Studio in Germany. Those who choose to access the Site and/or the Game from locations outside of Germay do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to German export controls as set forth in the EULA.
F. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VisionCraft Studio as a result of this Agreement or your use of the Site or the Game.
G. No Waiver. VisionCraft Studio’ failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by VisionCraft Studio of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
H. Notices. Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Timm Lotter, Hellenstrasse 1, 76228 Karlsruhe, Germany.
I. Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
J. Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.
K. Survival. The provisions of Sections IV, V, VII.A, XI-XV, and XVII shall survive any termination of this Agreement.