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THE D.R.G. INITIATIVE END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (“EULA”) BEFORE PURCHASING, DOWNLOADING OR INSTALLING THIS SOFTWARE PROGRAM (“GAME”). IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU SHOULD NOT USE, PURCHASE, DOWNLOAD OR INSTALL THIS GAME.
The Game is made up of copyright works of Slingshot Cartel DRG Limited (“Slingshot”) or its licensors. Use of the Game is governed by the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited. Reference to “Game” in this EULA shall include each or any part of it and any online service which is made available through it, where and to the fullest extent that the content permits.
1. Early Access-Alpha, Beta and Closed Releases
Where the Game is made available to you as part of an alpha, beta or other early access programme you specifically agree, acknowledge and accept that:
• The Game is made available “as is” as work in progress and as part of an early access programme for evaluation and demonstration purposes only, in order to assess and evaluate its performance including the identification of any errors or defects;
• The Game may (and likely will) contain defects and/or errors;
• The Game may and probably will crash and/or cause data loss;
• You use, download and install the Game at your own risk, knowing that it is provided as is and with faults.
You are advised to back-up and otherwise safeguard all data and software on your computer and to not rely on the correct functioning or performance of the Game.
You may have access to and be entrusted with confidential information and trade secrets relating to the Game before it is made public, and about our business and plans. You will not divulge or communicate to any person, cause or facilitate any disclosure of, or make any use of, such confidential information without our prior written permission. This obligation shall survive termination of this EULA but shall not apply in respect of any information which has become available to the public generally other than through an unauthorised disclosure.
2. Limited Use License.
Slingshot grants (and by installing or using the Game you accept) a limited, non-exclusive right and license to install and use at any one time one (1) copy of the Game for your personal, non-commercial use on a single computer (which may include, without limitation, compatible equipment or peripherals) subject to the terms of this EULA.
3. End User Rights and Obligations.
The Game is licensed to you as a single product. Its component parts may not be separated for use on more than one computer at a time.
You may not, except as expressly provided by this EULA:
- sell, distribute or otherwise transfer copies or reproductions of the Game to any third party in any way;
- in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of Slingshot on creation;
- remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game;
- exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;
- use the Game for any illegal or immoral purposes;
- export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
- otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA.
Slingshot may from time to time provide updates to the Game which you may be required to apply before you can continue making full use of the Game. You agree that Slingshot may deliver such updates remotely and that you will apply such updates.
4. Ownership.
The Game is licensed, not sold. Your license confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof are owned by, belong to and vest in Slingshot or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and Slingshot’s licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.
5. Termination.
The licence granted by this EULA will terminate automatically if you breach its terms and conditions. In that event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and on Slingshot’ request certify that you have done so. You may terminate this EULA at any time by deleting and removing the Game from your personal computer and/or where you have a physical copy of the Game destroying your copy of the Game in your possession.
6. Liability.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
YOU INSTALL AND USE THIS GAME AT YOUR OWN RISK;
THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;
SLINGSHOT AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THIS GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
SLINGSHOT AND ITS LICENSORS EXCLUDE ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
SLINGSHOT AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
SLINGSHOT AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY SLINGSHOT OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF SLINGSHOT AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.
THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY NEGLIGENCE OF SLINGSHOT OR ITS LICENSORS.
YOU SHOULD BACK-UP TO ANOTHER SECURE LOCATION, ON A REGULAR BASIS, ANY DATA FILES CONCERNING YOUR USE OF THE GAME AS SLINGSHOT HAS NO LIABILITY FOR LOST OR CORRUPTED DATA.
7. Operating System Requirements.
This Game has been developed to work on the latest version of the operating system and/or console or device platform available at the time of its release. Platform, operating system and device vendors may from time to time update their software and/or devices, and we may, but shall not be obligated to, update the Game if necessary to ensure that its functionality and performance continue with any such update. It is your obligation to ensure that you are using the latest compatible public release of any such device, operating system or platform. We may require you to update the Game, provided that it will always match the description of it that we provided before you bought the Game.
a. Your access to or use of the Game or certain features of the Game require you to have an account with a third party such as Steam and any such third party service provider shall be referred to as “TPSP” in this EULA and to link this to your Game account.
b. Your access to and use of the Game may be linked to your TPSP account and you are required to comply with the terms and conditions which apply to any such account in order to use the Game.
c. You may require an internet connection, which you must procure at your own expense, to use some features of the Game.
d. This clause applies if we offer the Game through the Steam platform (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). If so, that means you need a Steam account to play the Game, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here http://store.steampowered.com/subscriber_agreement/. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this EULA then, where there are conflicts, the Steam Subscriber Agreement takes precedence. Steam lets you get a refund for the Game in some cases. You can find out how on the Steam website here: Steam Refunds http://store.steampowered.com/steam_refunds/.
8. Accounts.
a. You will need to set up an account in order to use and access some of the Game. To set up an account you will need to register by submitting certain information and choose a username and password.
b. The username and password chosen by and issued to you upon registration with us is personal to you and shall not be disclosed to any third party without our prior written consent.
c. You agree, accept and understand that:
i. you will ensure information held about you by us is accurate and up to date and that you can amend your registration details at any time either through the Game or by writing to use at community@slingshotcartel.com;
ii. you are and shall remain responsible for maintaining the confidentiality of your account credentials;
iii. you are solely liable for any use of the Game using your account.
d. PLEASE DO NOT SHARE YOUR ACCOUNT NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR ACCOUNT OR ANY USE OF YOUR ACCOUNT BY ANY THIRD PARTY. IF YOU THINK YOUR ACCOUNT HAS BEEN COMPROMISED PLEASE INFORM US IMMEDIATELY.
9. Online Service.
a. We may, but shall not be obliged to, provide and maintain certain online functionality, online network play connectivity and interactivity and other online features relating to the Game (“Online Service“) subject to the terms and conditions of this EULA. In connection therewith the following additional terms in this clause 10 shall apply.
b. The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with the terms of this EULA.
c. Where indicated to you before you purchase the Game, we will use reasonable efforts to make the Online Service available for 6 months from the date on which you purchase the Game, subject as set out in this EULA. We warrant only that the Online Service, when made available by us, shall be of satisfactory quality, as described and fit for purpose.
d. We will not be liable in any amount for failure to perform any obligation under this EULA if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
e. Except as expressly provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law, and subject to your mandatory consumer rights.
f. To the maximum extent permitted by law, and save as expressly provided in this EULA, we give no warranty in connection with the Online Service and exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
i. the availability of the Online Service;
ii. any incorrect or inaccurate information on the Online Service and all errors, interruptions to or delays in updating the Online Service;
iii. the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Online Service;
iv. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Online Service (save to the extent that damage to your device or other digital content which you own is caused by the Online Service as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device);
v. the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which the Online Service links and websites located on or through any External Site, nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
vi. all representations, warranties, conditions and other terms which but for this notice would have effect.
g. We do not warrant that the operation of the Online Service will be uninterrupted or error free or that any error or interruption can or will be corrected.
h. We cannot guarantee that the Online Service or a particular part of the Online Service or any Contributions (as defined in clause 10) will always be available.
10. Communications.
a. The Game may allow you and other users of the Game to send communications to us or third parties or contribute content of your own for use in the Game or otherwise by us or third parties (each a “Contribution”). To the extent that such Contributions are permitted by the Game, it is an information and entertainment service and ancillary to this we are involved in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication, for which the Game is a mere conduit. By installing or using the Game you agree we have no responsibility to review the content of any Contributions and that all Contributions are made available on the basis that we are not required to and do not exercise any control or judgement in respect of their content. For the avoidance of doubt, the views expressed in any Contributions are the views of the individual authors and not those of us unless expressly specified otherwise by us.
b. We shall be entitled to remove, restrict, suspend or alter any user account and any Contribution (and the ability to share or create Contributions) for any reason in our discretion including, without limitation, because conduct or content associated with such account or Contributions might be unacceptable as described in this EULA.
c. You agree we may use, publish, edit, modify and adapt the Contributions you make available, or post to or transmit to the Game (“Your Contributions”) for any and all purposes relating to the Game and our business and you hereby grant us an irrevocable, sub-licensable, unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for us to use Your Contributions in that way. You further waive all so called moral rights in Your Contributions.
d. To the extent that Your Contributions are derived from the Game or material provided by us you hereby assign to us all Intellectual Property Rights subsisting in Your Contributions which are owned by you.
e. You agree and undertake that you are entitled to make available, or post to or transmit to the Game Your Contributions and to grant us those rights set out in clause 10, and will not make available, or post to or transmit to the Game any statement, material or other Contributions, nor use the Game in any way, that:
i. is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libelous, untrue, hateful, discriminatory, obscene, inflammatory or racist;
ii. harasses, bullies or intimidates any person or obscures or impedes other users’ ability to communicate or read conversations (this includes the use of any macros/SPAM to either the general playerbase or a single individual to disrupt chat);
iii. involves exploitative behaviour, through but not limited to, third party programs, bots, scripts or other means which are reasonably prohibited by us from time to time, or which take advantage of bugs, unintended errors, or features that have not been documented, to access restricted parts of the Game or gain an unfair edge over other players;
iv. involves selling or trading your Game account or characters, or dealing or trading in currency (whether or not this occurs inside or outside of the game for in-game items) or which otherwise constitutes activity which we reasonably deem against the “spirit” of the Game;
v. encourages any violation of this EULA or of a TPSP’s terms of service;
vi. is unlawful, malicious, misleading (including impersonation), discriminatory or which gives rise to civil or criminal liability or which might call us or the Game into disrepute;
vii. infringes upon the Intellectual Property Rights or other rights of any third party or facilitates or encourages such infringement or entails the distribution of any player’s personal information (other than your own, as a private message);
viii. is technically harmful such as the introduction of computer viruses, worms, logic bombs or other malicious software or harmful data, or otherwise attempts to or actually does modify or interfere with the Game or overburden or disrupt any computer or server used by the Game;
ix. may be deemed a marketing or commercial communication;
x. promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
xi. is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
xii. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
xiii. constitutes, in our reasonable opinion, cheating or misuse of the Game, or an attempt to gain unauthorised access to the Game or parts thereof, or to the accounts of other users or networks or devices; or
xiv. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
Notwithstanding the above, the Game may allow, by design, user-lead and free-form in terms of what direction the Game might take. As such we, in our discretion, deem the majority of in-game conduct appropriate. There may be the potential for player versus player interaction in the Game (“PvP”). We may provide in-Game solutions for protecting in-game assets, but users should be vigilant and protect themselves from other players who are potential threats to their character. Attacking another player, even repeatedly, is not in itself considered harassment. Certain prolonged cases of harassment (for example only, swap pod camping) may, in our reasonable opinion, be outside the scope of good sportsmanship and we reserve the right to take such action as we deem appropriate in response to that behaviour.
f. If you discover Communications which you believe contravene the EULA please notify us via the email address community@slingshotcartel.com.
g. In the event that you breach any provision of this EULA we may suspend your access to the Game or part thereof.
h. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. SLINGSHOT HAS NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. THIS IS A DECISION THAT CAN ONLY BE MADE BY YOU. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING THE SERVICE YOU ACCEPT THAT THIS IS THE CASE AND ACCEPT THAT YOU THEREFORE USE THE SERVICE AT YOUR OWN RISK. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
11. Third Party Services.
We may link to, incorporate or use third party software and services such as social networking or sharing features within the Game. Use of any such software or services is subject to the terms of those third parties, and you agree to comply with any such third party terms and conditions when using the Game.
12. Virtual Goods.
a. This clause applies insofar as the Game permits you to use a third party payment mechanism such as the Steam Wallet or a virtual currency to obtain virtual in-game items (“Virtual Items”). Your order for any Virtual Item represents an offer to us to purchase that Virtual Item, and our acceptance of that offer shall only occur once we make the Virtual Item available to you or take your payment, prior to which we may decline your order for any reason.
b. Purchases of Virtual Items are subject to the terms of any TPSP through which your purchase is made. To the extent that this clause 10 conflicts with such agreement between you and the relevant TPSP in respect of your purchase of Virtual Items, the terms of your agreement with the TPSP shall prevail.
c. You are entitled to cancel purchases of Virtual Items you make through the Game within 14 days, and to receive a full refund. However, you agree that if we begin to supply you with Virtual Items before the end of that period, then you will no longer be entitled to change your mind about the purchase.
d. To cancel a purchase in accordance with clause 11c you can either request a refund through the platform on which you made that purchase, or contact us using the model cancellation form below:
To: Slingshot Cartel DRG Limited, London (W1) Office 85 Great Portland Street, London, United Kingdom, W1W 7LT
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL / TELEPHONE (optional)]
Date:
e. You may use Virtual Items solely in connection with permitted use of the Game. You do not own the Virtual Items. You only have a licence to use them, for their permitted uses, as may be amended and notified to you from time to time, in connection with the Game and subject to your compliance with the rest of this EULA.
f. You understand and agree that Virtual Items have no cash or redemption value and your licence to use them will be suspended and/or terminated if you are denied access to your account or your account is shut down, frozen or terminated for any reason in accordance with this EULA and we shall have no obligation to make any refund or otherwise compensate you in any amount under such circumstances unless expressly indicated otherwise, and subject to your mandatory consumer rights.
g. You are not permitted to trade, exchange, sell, rent or otherwise transfer or deal in the Virtual Items or your account without our prior written permission. You shall not access or use any account or Virtual Items which have been traded, exchanged, sold, rented or otherwise transferred or dealt in.
13. Severability.
In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
14. Applicable Law.
To the maximum extent permitted by the local law applicable in the country in which you obtain or use it the Game and this EULA are subject to the laws of England and Wales.
© 2017 Slingshot Limited. The D.R.G. Initiative is a trade mark of Slingshot Cartel DRG Limited. All rights reserved.
HEALTH AND SAFETY AND PRECAUTIONS
PLEASE READ THIS NOTICE BEFORE YOU OR ANYONE IN YOUR CARE USE THIS GAME
The Game may contain flashing lights, realistic images and simulations.
Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness, dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games.
This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this Game suffers in this way, has a condition, which makes this possible or has experienced similar symptoms, please consult a doctor before using this Game. If you or they are already using the Game please stop and consult a doctor.
If you, your child or anyone in your care experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
If you or any part of you feels tired, fatigue or discomfort whilst playing this Game or other games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THIS GAME:
Please do not:
- use or play this Game (or others) if you are or feel sick, tired, fatigue or discomfort, or are under the influence of alcohol or drugs, or hungover;
- play for too long at any one time, please follow all guidance applicable to or accompanying the platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.
Notice to parents, guardians and carers:
Please observe children whilst they play this Game and other games. Please ensure that you and they following the precautions described above and in the health and safety warnings for the relevant platform (if any). If your child experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
Prolonged use should be avoided. Please ensure that children take regular breaks and monitor children closely during and after use for any negative effects.
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (“EULA”) BEFORE PURCHASING, DOWNLOADING OR INSTALLING THIS SOFTWARE PROGRAM (“GAME”). IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU SHOULD NOT USE, PURCHASE, DOWNLOAD OR INSTALL THIS GAME.
The Game is made up of copyright works of Slingshot Cartel DRG Limited (“Slingshot”) or its licensors. Use of the Game is governed by the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited. Reference to “Game” in this EULA shall include each or any part of it and any online service which is made available through it, where and to the fullest extent that the content permits.
1. Early Access-Alpha, Beta and Closed Releases
Where the Game is made available to you as part of an alpha, beta or other early access programme you specifically agree, acknowledge and accept that:
• The Game is made available “as is” as work in progress and as part of an early access programme for evaluation and demonstration purposes only, in order to assess and evaluate its performance including the identification of any errors or defects;
• The Game may (and likely will) contain defects and/or errors;
• The Game may and probably will crash and/or cause data loss;
• You use, download and install the Game at your own risk, knowing that it is provided as is and with faults.
You are advised to back-up and otherwise safeguard all data and software on your computer and to not rely on the correct functioning or performance of the Game.
You may have access to and be entrusted with confidential information and trade secrets relating to the Game before it is made public, and about our business and plans. You will not divulge or communicate to any person, cause or facilitate any disclosure of, or make any use of, such confidential information without our prior written permission. This obligation shall survive termination of this EULA but shall not apply in respect of any information which has become available to the public generally other than through an unauthorised disclosure.
2. Limited Use License.
Slingshot grants (and by installing or using the Game you accept) a limited, non-exclusive right and license to install and use at any one time one (1) copy of the Game for your personal, non-commercial use on a single computer (which may include, without limitation, compatible equipment or peripherals) subject to the terms of this EULA.
3. End User Rights and Obligations.
The Game is licensed to you as a single product. Its component parts may not be separated for use on more than one computer at a time.
You may not, except as expressly provided by this EULA:
- sell, distribute or otherwise transfer copies or reproductions of the Game to any third party in any way;
- in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of Slingshot on creation;
- remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game;
- exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;
- use the Game for any illegal or immoral purposes;
- export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
- otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA.
Slingshot may from time to time provide updates to the Game which you may be required to apply before you can continue making full use of the Game. You agree that Slingshot may deliver such updates remotely and that you will apply such updates.
4. Ownership.
The Game is licensed, not sold. Your license confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof are owned by, belong to and vest in Slingshot or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and Slingshot’s licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.
5. Termination.
The licence granted by this EULA will terminate automatically if you breach its terms and conditions. In that event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and on Slingshot’ request certify that you have done so. You may terminate this EULA at any time by deleting and removing the Game from your personal computer and/or where you have a physical copy of the Game destroying your copy of the Game in your possession.
6. Liability.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
YOU INSTALL AND USE THIS GAME AT YOUR OWN RISK;
THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;
SLINGSHOT AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THIS GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
SLINGSHOT AND ITS LICENSORS EXCLUDE ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
SLINGSHOT AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
SLINGSHOT AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY SLINGSHOT OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF SLINGSHOT AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.
THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY NEGLIGENCE OF SLINGSHOT OR ITS LICENSORS.
YOU SHOULD BACK-UP TO ANOTHER SECURE LOCATION, ON A REGULAR BASIS, ANY DATA FILES CONCERNING YOUR USE OF THE GAME AS SLINGSHOT HAS NO LIABILITY FOR LOST OR CORRUPTED DATA.
7. Operating System Requirements.
This Game has been developed to work on the latest version of the operating system and/or console or device platform available at the time of its release. Platform, operating system and device vendors may from time to time update their software and/or devices, and we may, but shall not be obligated to, update the Game if necessary to ensure that its functionality and performance continue with any such update. It is your obligation to ensure that you are using the latest compatible public release of any such device, operating system or platform. We may require you to update the Game, provided that it will always match the description of it that we provided before you bought the Game.
a. Your access to or use of the Game or certain features of the Game require you to have an account with a third party such as Steam and any such third party service provider shall be referred to as “TPSP” in this EULA and to link this to your Game account.
b. Your access to and use of the Game may be linked to your TPSP account and you are required to comply with the terms and conditions which apply to any such account in order to use the Game.
c. You may require an internet connection, which you must procure at your own expense, to use some features of the Game.
d. This clause applies if we offer the Game through the Steam platform (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). If so, that means you need a Steam account to play the Game, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here http://store.steampowered.com/subscriber_agreement/. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this EULA then, where there are conflicts, the Steam Subscriber Agreement takes precedence. Steam lets you get a refund for the Game in some cases. You can find out how on the Steam website here: Steam Refunds http://store.steampowered.com/steam_refunds/.
8. Accounts.
a. You will need to set up an account in order to use and access some of the Game. To set up an account you will need to register by submitting certain information and choose a username and password.
b. The username and password chosen by and issued to you upon registration with us is personal to you and shall not be disclosed to any third party without our prior written consent.
c. You agree, accept and understand that:
i. you will ensure information held about you by us is accurate and up to date and that you can amend your registration details at any time either through the Game or by writing to use at community@slingshotcartel.com;
ii. you are and shall remain responsible for maintaining the confidentiality of your account credentials;
iii. you are solely liable for any use of the Game using your account.
d. PLEASE DO NOT SHARE YOUR ACCOUNT NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR ACCOUNT OR ANY USE OF YOUR ACCOUNT BY ANY THIRD PARTY. IF YOU THINK YOUR ACCOUNT HAS BEEN COMPROMISED PLEASE INFORM US IMMEDIATELY.
9. Online Service.
a. We may, but shall not be obliged to, provide and maintain certain online functionality, online network play connectivity and interactivity and other online features relating to the Game (“Online Service“) subject to the terms and conditions of this EULA. In connection therewith the following additional terms in this clause 10 shall apply.
b. The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with the terms of this EULA.
c. Where indicated to you before you purchase the Game, we will use reasonable efforts to make the Online Service available for 6 months from the date on which you purchase the Game, subject as set out in this EULA. We warrant only that the Online Service, when made available by us, shall be of satisfactory quality, as described and fit for purpose.
d. We will not be liable in any amount for failure to perform any obligation under this EULA if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
e. Except as expressly provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law, and subject to your mandatory consumer rights.
f. To the maximum extent permitted by law, and save as expressly provided in this EULA, we give no warranty in connection with the Online Service and exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
i. the availability of the Online Service;
ii. any incorrect or inaccurate information on the Online Service and all errors, interruptions to or delays in updating the Online Service;
iii. the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Online Service;
iv. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Online Service (save to the extent that damage to your device or other digital content which you own is caused by the Online Service as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device);
v. the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which the Online Service links and websites located on or through any External Site, nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
vi. all representations, warranties, conditions and other terms which but for this notice would have effect.
g. We do not warrant that the operation of the Online Service will be uninterrupted or error free or that any error or interruption can or will be corrected.
h. We cannot guarantee that the Online Service or a particular part of the Online Service or any Contributions (as defined in clause 10) will always be available.
10. Communications.
a. The Game may allow you and other users of the Game to send communications to us or third parties or contribute content of your own for use in the Game or otherwise by us or third parties (each a “Contribution”). To the extent that such Contributions are permitted by the Game, it is an information and entertainment service and ancillary to this we are involved in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication, for which the Game is a mere conduit. By installing or using the Game you agree we have no responsibility to review the content of any Contributions and that all Contributions are made available on the basis that we are not required to and do not exercise any control or judgement in respect of their content. For the avoidance of doubt, the views expressed in any Contributions are the views of the individual authors and not those of us unless expressly specified otherwise by us.
b. We shall be entitled to remove, restrict, suspend or alter any user account and any Contribution (and the ability to share or create Contributions) for any reason in our discretion including, without limitation, because conduct or content associated with such account or Contributions might be unacceptable as described in this EULA.
c. You agree we may use, publish, edit, modify and adapt the Contributions you make available, or post to or transmit to the Game (“Your Contributions”) for any and all purposes relating to the Game and our business and you hereby grant us an irrevocable, sub-licensable, unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for us to use Your Contributions in that way. You further waive all so called moral rights in Your Contributions.
d. To the extent that Your Contributions are derived from the Game or material provided by us you hereby assign to us all Intellectual Property Rights subsisting in Your Contributions which are owned by you.
e. You agree and undertake that you are entitled to make available, or post to or transmit to the Game Your Contributions and to grant us those rights set out in clause 10, and will not make available, or post to or transmit to the Game any statement, material or other Contributions, nor use the Game in any way, that:
i. is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libelous, untrue, hateful, discriminatory, obscene, inflammatory or racist;
ii. harasses, bullies or intimidates any person or obscures or impedes other users’ ability to communicate or read conversations (this includes the use of any macros/SPAM to either the general playerbase or a single individual to disrupt chat);
iii. involves exploitative behaviour, through but not limited to, third party programs, bots, scripts or other means which are reasonably prohibited by us from time to time, or which take advantage of bugs, unintended errors, or features that have not been documented, to access restricted parts of the Game or gain an unfair edge over other players;
iv. involves selling or trading your Game account or characters, or dealing or trading in currency (whether or not this occurs inside or outside of the game for in-game items) or which otherwise constitutes activity which we reasonably deem against the “spirit” of the Game;
v. encourages any violation of this EULA or of a TPSP’s terms of service;
vi. is unlawful, malicious, misleading (including impersonation), discriminatory or which gives rise to civil or criminal liability or which might call us or the Game into disrepute;
vii. infringes upon the Intellectual Property Rights or other rights of any third party or facilitates or encourages such infringement or entails the distribution of any player’s personal information (other than your own, as a private message);
viii. is technically harmful such as the introduction of computer viruses, worms, logic bombs or other malicious software or harmful data, or otherwise attempts to or actually does modify or interfere with the Game or overburden or disrupt any computer or server used by the Game;
ix. may be deemed a marketing or commercial communication;
x. promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
xi. is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
xii. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
xiii. constitutes, in our reasonable opinion, cheating or misuse of the Game, or an attempt to gain unauthorised access to the Game or parts thereof, or to the accounts of other users or networks or devices; or
xiv. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
Notwithstanding the above, the Game may allow, by design, user-lead and free-form in terms of what direction the Game might take. As such we, in our discretion, deem the majority of in-game conduct appropriate. There may be the potential for player versus player interaction in the Game (“PvP”). We may provide in-Game solutions for protecting in-game assets, but users should be vigilant and protect themselves from other players who are potential threats to their character. Attacking another player, even repeatedly, is not in itself considered harassment. Certain prolonged cases of harassment (for example only, swap pod camping) may, in our reasonable opinion, be outside the scope of good sportsmanship and we reserve the right to take such action as we deem appropriate in response to that behaviour.
f. If you discover Communications which you believe contravene the EULA please notify us via the email address community@slingshotcartel.com.
g. In the event that you breach any provision of this EULA we may suspend your access to the Game or part thereof.
h. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. SLINGSHOT HAS NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. THIS IS A DECISION THAT CAN ONLY BE MADE BY YOU. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING THE SERVICE YOU ACCEPT THAT THIS IS THE CASE AND ACCEPT THAT YOU THEREFORE USE THE SERVICE AT YOUR OWN RISK. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
11. Third Party Services.
We may link to, incorporate or use third party software and services such as social networking or sharing features within the Game. Use of any such software or services is subject to the terms of those third parties, and you agree to comply with any such third party terms and conditions when using the Game.
12. Virtual Goods.
a. This clause applies insofar as the Game permits you to use a third party payment mechanism such as the Steam Wallet or a virtual currency to obtain virtual in-game items (“Virtual Items”). Your order for any Virtual Item represents an offer to us to purchase that Virtual Item, and our acceptance of that offer shall only occur once we make the Virtual Item available to you or take your payment, prior to which we may decline your order for any reason.
b. Purchases of Virtual Items are subject to the terms of any TPSP through which your purchase is made. To the extent that this clause 10 conflicts with such agreement between you and the relevant TPSP in respect of your purchase of Virtual Items, the terms of your agreement with the TPSP shall prevail.
c. You are entitled to cancel purchases of Virtual Items you make through the Game within 14 days, and to receive a full refund. However, you agree that if we begin to supply you with Virtual Items before the end of that period, then you will no longer be entitled to change your mind about the purchase.
d. To cancel a purchase in accordance with clause 11c you can either request a refund through the platform on which you made that purchase, or contact us using the model cancellation form below:
To: Slingshot Cartel DRG Limited, London (W1) Office 85 Great Portland Street, London, United Kingdom, W1W 7LT
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL / TELEPHONE (optional)]
Date:
e. You may use Virtual Items solely in connection with permitted use of the Game. You do not own the Virtual Items. You only have a licence to use them, for their permitted uses, as may be amended and notified to you from time to time, in connection with the Game and subject to your compliance with the rest of this EULA.
f. You understand and agree that Virtual Items have no cash or redemption value and your licence to use them will be suspended and/or terminated if you are denied access to your account or your account is shut down, frozen or terminated for any reason in accordance with this EULA and we shall have no obligation to make any refund or otherwise compensate you in any amount under such circumstances unless expressly indicated otherwise, and subject to your mandatory consumer rights.
g. You are not permitted to trade, exchange, sell, rent or otherwise transfer or deal in the Virtual Items or your account without our prior written permission. You shall not access or use any account or Virtual Items which have been traded, exchanged, sold, rented or otherwise transferred or dealt in.
13. Severability.
In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
14. Applicable Law.
To the maximum extent permitted by the local law applicable in the country in which you obtain or use it the Game and this EULA are subject to the laws of England and Wales.
© 2017 Slingshot Limited. The D.R.G. Initiative is a trade mark of Slingshot Cartel DRG Limited. All rights reserved.
HEALTH AND SAFETY AND PRECAUTIONS
PLEASE READ THIS NOTICE BEFORE YOU OR ANYONE IN YOUR CARE USE THIS GAME
The Game may contain flashing lights, realistic images and simulations.
Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness, dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games.
This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this Game suffers in this way, has a condition, which makes this possible or has experienced similar symptoms, please consult a doctor before using this Game. If you or they are already using the Game please stop and consult a doctor.
If you, your child or anyone in your care experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
If you or any part of you feels tired, fatigue or discomfort whilst playing this Game or other games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THIS GAME:
Please do not:
- use or play this Game (or others) if you are or feel sick, tired, fatigue or discomfort, or are under the influence of alcohol or drugs, or hungover;
- play for too long at any one time, please follow all guidance applicable to or accompanying the platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.
Notice to parents, guardians and carers:
Please observe children whilst they play this Game and other games. Please ensure that you and they following the precautions described above and in the health and safety warnings for the relevant platform (if any). If your child experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
Prolonged use should be avoided. Please ensure that children take regular breaks and monitor children closely during and after use for any negative effects.