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BRAIN STONE END USER LICENSE AGREEMENT
Last revised June 2, 2016
The following End User License Agreement (“EULA”) applies to all download, installation and use of the each version and iteration of Pantropy (“the Game”, the “Software”) whilst in development, from “alpha version” through the “final version”, as made available by Brain Stone GmbH.
Before using, downloading or installing the Game, please read the following EULA carefully. All use of the Game is governed by and conditional on your acceptance of and compliance with this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited. If you do not accept this EULA, you may not use, download, play online or install the Game. Your continued use of the Game after the above date constitutes an agreement to be bound by this EULA, including all amendments made to date.
1. ACKNOWLEDGEMENT
The Software will be sold during an early access release period. The Software is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system. Brain Stone shall not be obligated to add any additional type of content, updates or to fix the bugs before releasing the Game as its final version. Pantropy also is not obligated to provide ongoing support or maintenance for the Game.
Brain Stone is not liable for the loss of data or damage to the system, interruptions due to a lost connection, loss of data, hardware or Software failures, or disruption of the player’s ability to connect to our server. You acknowledge that you will back-up their hard drive prior to installation of the Software, and also that you have the resources necessary to reinstall your operating system and restore any data that may be lost.
Brain Stone may: (i) monitor and record all communications between users during the testing phase; (ii) Modify, remove or delete the information stored by the Game subject to be tested, for any reason at any time during the duration of the testing phase.
You represent and warrant that a) you are aware of the age rating for the Game; b) you have the required age to play the Game, and c) you have read, understood, and agree to be bound by the terms of this EULA in full.
2. MODIFICATION OF AGREEMENT
This EULA represents the complete agreement between the user and Brain Stone relating to the use of the Software. This EULA and any other agreements are subject to change without notice, at Brain Stone’s sole discretion. The user accepts to be governed by the modified agreement. Every time you check our website http://playpantropy.com/, it is your responsibility to check the EULA then in effect. If you are not satisfied with the Game, its content or conditions of use, you agree that the only remedy is to stop using it.
3. AUTHORIZED USE
3.1 GRANT AND SCOPE OF LICENSE
Subject to your compliance with the terms of this EULA, Brain Stone grants you a non-transferable, non-exclusive, non-sub licensable, revocable, limited license to use the Software. In the alpha phase/version, you are authorized to use the Game for evaluation purposes. In the additional versions you are authorized to download, install and use the Game for your personal, non-commercial use on [INSERT NUMBER OF TERMINALS/COMPUTERS THAT CAN BENEFIT FROM THIS LICENSE/ OR /any number of computers] computers. All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Brain Stone. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
3.1 GRANT AND SCOPE OF LICENSE
Subject to your compliance with the terms of this EULA, Brain Stone grants you a non-transferable, non-exclusive, non-sub licensable, revocable, limited license to use the Software. In the alpha phase/version, you are authorized to use the Game for evaluation purposes. In the additional versions you are authorized to download, install and use the Game for your personal, non-commercial use on [INSERT NUMBER OF TERMINALS/COMPUTERS THAT CAN BENEFIT FROM THIS LICENSE/ OR /any number of computers] computers. All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Brain Stone. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
3.3 RESTRICTIONS
You are not permitted to:
a) Load the Game on a network server for distribution purposes to one or more other devices on that network;
b) Except as expressly authorized by this EULA, to rent, lease, sub-license, loan, exploit for profit, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, redistribute, clone or create derivative works based on the whole or any part of the Game or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Game or any part thereof in any way;
c) Use cheats, automation software, hacks, mods, or any other means designed to modify or defeat the purpose of the Game;
d) Use any software that collects information about others or the Game;
e) Use any robot, spider, scraper, or other automated or manual means to access the Game or copy any content or information from the Game or any online features;
f) Create data or executable programs which mimic data or functionality in the Software unless otherwise authorized;
g) Probe, scan, test the vulnerability of or breach the authentication measures of the Game;
h) Modify any executable file;
i) Violate any technology control or export laws and regulations that apply to the technology used or supported by the Game.
j) Disrupt or assist in the disruption of any other player’s Game experience.
k) Export or re-export the Software or any copy or adaptation, or use the Game to violate any applicable law or regulation.
Any violation of the foregoing will cause your registration to be terminated, your Brain Stone account to be removed without any notice and you will be denied access to our servers.
4 INTERNATIONAL USE
Although the Game may be accessible worldwide, we make no representation that the Software or related materials are appropriate or available for use in locations outside Germany, and accessing them from territories where the content is illegal is prohibited. You are responsible for complying with the laws and regulations of the territory from which you access or use the Software. Any offer and/or information made in connection with the Software shall be void where prohibited.
5. DISCLAIMER
The Game is provided “as is” for evaluation purposes as part of an early access program. The user specifically agrees, acknowledges and accepts that Brain Stone gives no representation or warranty concerning it. The Game is still in development, therefore is not a finished product that may contain errors, bugs, defects and unfinished features. Downloading, using and installing the Game may damage your computer and any data or Software stored. Your use, download and installation of the Game is at your own risk, and Pantropy shall not be liable for any damage that might be caused by downloading, installing and using our Software. Software may be discontinued at any time, for any reason.
Subject to the laws of your country, a minor may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward to use an account, you agree to this EULA on behalf of yourself and such minor, and you acknowledge that you are responsible for all uses of the account by the minor whether or not such use is authorized by you. Any person who violates this condition will be subject to unilateral cancellation of the account without notice.
All information provided by Brain Stone or provided to you by any of Brain Stone ’s affiliates related to the Software, is of a general nature and is provided for recreational purposes only. The opinions expressed on our website belong solely to the authors. Reliance on the information provided in the Game is solely at user’s own risk. Brain Stone explicitly excludes, to the extent that is permissible by law, any liability for direct or indirect damage or injury, as well as consequential damage allegedly caused to a user, arising from any use of information provided in the Software, nor when the user has failed all or part in the performance of obligations under this EULA. In no event Brain Stone, its affiliate companies or associates (including employees, officers and directors) will be liable to the user or to any other person for any general, compensatory, special, punitive, incidental, consequential, direct or indirect damages, for unauthorized access, alteration or use, whether for the cause of contract violation, negligence or under any other cause of action, arising out of the use of or inability to use the Software, even if Brain Stone or its agents or representatives know or have been advised of the possibility of such damages. Nor may Brain Stone ensure the accuracy, efficacy, completeness or timeliness of the content provided in the Software.
6. REGISTRATION
Each user shall register in order to play the Game. By registering, the user unreservedly accepts this EULA. By “user” Brain Stone means the person who uses, browses, registers in Brain Stone and participates in the activities offered by Brain Stone. Registration for Brain Stone implies full acceptance of these conditions. If you do not agree to this EULA, please refrain from using the Software.
The user agrees to provide true, accurate, and complete information and to update this information when it changes. Brain Stone reserves the right to refuse registration or cancel it as Brain Stone determines it appropriate. In order to access the Software, its functionality and features, you may be required to create, have and maintain an active user account with Heroiclabs, a third-party gaming platform (https://heroiclabs.com/). The conditions of use and privacy policies of any third party may differ greatly from ours. We suggest that you review the terms of use and privacy statement of such External Links prior to use them.
Registration is free. You will create an account that is administered independently by you. Any type of contact with other users will be at the user’s own risk. The user will obtain a username and password to access their account. This data is strictly private and confidential and shall not be disclosed or shared with third parties. Any use of these with a purpose other than intended, may allow Brain Stone to terminate this agreement and cancel the user’s registration at its own discretion, without prior notice. You are responsible for all use and the security of your user account used to access the Game. Your use of the Service must comply with all applicable laws and regulations.
7. GENERAL GUIDELINES
7.1 Brain Stone is a public access general purpose Game. To access the Game, the user should proceed to download the Software.
7.2 Before you download the game, you may need to give the Software permission to access specific parts of the operating system on your device, known as permissions. The Software is safe to install and asks for some standard permissions so you can enjoy the Game.
7.3 Any use of your account with a purpose other than intended, may allow Brain Stone to terminate this agreement and cancel your registration at its own discretion, without prior notice. Users are solely responsible for all activities which occur under their account whether authorized or not. Brain Stone may disable your account in its sole discretion and without notice if we believe that you have violated this EULA. Member content and information exchanged with other users will be removed and you agree that Brain Stone will not be liable for disabling your account.
7.4 Brain Stone does not take part in any communication between users. Interaction with other users is solely the responsibility of the user.
7.5 Please remember that any information that is disclosed through media sharing, can be read, collected, or used by other users. Any information disclosed using these methods becomes public information and you should exercise caution when deciding to disclose certain type of information. Note that if you choose to do so, is at your own risk and you accept full responsibility for such content, and the consequences that may arise from transmitting such content. You also acknowledge and agree that you may be exposed to inaccurate, objectionable, and inappropriate content or otherwise unsuited to your purpose.
7.6 Violation of this EULA will cause your Brain Stone registration to be terminated and your account to be removed without any notice. All information provided by Brain Stone or provided to you by any of Brain Stone ’s affiliates related to the Software, is of a general nature and is provided for recreational purposes only. The opinions expressed on our website belong solely to the authors. Reliance on the information provided in the Game is solely at user’s own risk. Brain Stone explicitly excludes, to the extent that is permissible by law, any liability for direct or indirect damage or injury, as well as consequential damage allegedly caused to a user, arising from any use of information provided in the Software, nor when the user has failed all or part in the performance of obligations under this EULA. In no event Brain Stone, its affiliate companies or associates (including employees, officers and directors) will be liable to the user or to any other person for any general, compensatory, special, punitive, incidental, consequential, direct or indirect damages, for unauthorized access, alteration or use, whether for the cause of contract violation, negligence or under any other cause of action, arising out of the use of or inability to use the Software, even if Brain Stone or its agents or representatives know or have been advised of the possibility of such damages. Nor may Brain Stone ensure the accuracy, efficacy, completeness or timeliness of the content provided in the Software.
8. FEES AND PAYMENTS
To use the Game you are required to pay a fee. You will be informed of the applicable fee for use of the Game prior to your purchase. Brain Stone offers a series of plans that give different levels of benefits. The current fees for the different plans are as follows:
Preorder –14 USD
Preorder and get alpha access right away –30 USD
Preorder, alpha access and special in-Game items–60 USD
Preorder, alpha access, special in-Game items, roadmap and Founders Club Badge–100 USD
Brain Stone will process all payments through its third party payments processor platform, SendOwl (www.sendowl.com). All payments shall only be made through the SendOwl platform. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically until you cancel such subscription. The conditions of use and privacy policies of any third party may differ greatly from ours. We suggest that you review the terms of use and privacy statement of such External Links prior to use them.
You agree that you will pay for all products you purchase, and that our third party payments processor may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing our third party payments processor with a valid payment method for payment of all fees. We may change the fees and payment terms at any time at our sole and complete discretion. Failure to pay any fees or charges will constitute a violation of this EULA. Your total price will include the price of the chosen plan plus any applicable VAT (in effect on the day of the purchase). You acknowledge that you are solely responsible for determining your applicable tax obligations, according to your country of residence.
9. RIGHT OF WITHDRAWAL AND REFUNDS
You have the right to cancel your order within 14 days after the Software has been downloaded to your PC, without giving any reason. The withdrawal period will expire after 14 days from the day the Software was downloaded to your PC. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to:
Brain Stone GmbH
Zum Exerzierhaus 15
14469 Potsdam
Germany
Tel.: + (49) [0]163/5677686
Email: support@playpantropy.com To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the 14-day withdrawal period has expired. We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, and you will not incur any fees for such reimbursement. As a User, you are also entitled to request a refund if: (i) the purchase has not been authorized or it has been a fraud; (ii) the Game has technical issues preventing it to work properly; (iii) The user has purchased the Game multiple times by mistake. Before requesting a refund, the Client must provide a proof of evidence of the occurrence of the incident. Please contact us by email at support@playpantropy.com to process your request.
10. SECURITY WARNING
To use the Game you are required to pay a fee. You will be informed of the applicable fee for use of the Game prior to your purchase. Brain Stone offers a series of plans that give different levels of benefits. The current fees for the different plans are as follows:
Preorder –14 USD
Preorder and get alpha access right away –30 USD
Preorder, alpha access and special in-Game items–60 USD
Preorder, alpha access, special in-Game items, roadmap and Founders Club Badge–100 USD
Brain Stone will process all payments through its third party payments processor platform, SendOwl (www.sendowl.com). All payments shall only be made through the SendOwl platform. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically until you cancel such subscription. The conditions of use and privacy policies of any third party may differ greatly from ours. We suggest that you review the terms of use and privacy statement of such External Links prior to use them.
You agree that you will pay for all products you purchase, and that our third party payments processor may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing our third party payments processor with a valid payment method for payment of all fees. We may change the fees and payment terms at any time at our sole and complete discretion. Failure to pay any fees or charges will constitute a violation of this EULA. Your total price will include the price of the chosen plan plus any applicable VAT (in effect on the day of the purchase). You acknowledge that you are solely responsible for determining your applicable tax obligations, according to your country of residence.
11. PERSONAL INFORMATION
By installing and using the Software, you consent to information collection including (a) the transfer of any personal information and other information to Brain Stone, its affiliates, and business partners, and to governmental authorities; (b) public display of your user-created content, ID, scores, ranking, achievements, and other Game data; and (c) other uses and disclosures of your personal information or other information. Some of the Game features may require that all or part of your personal information provided to Brain Stone when you registered the account, be transferred to servers operated by Brain Stone in the regions where you wish to play the Game. You agree that Brain Stone can transfer your data to Brain Stone ’s servers in each of the regions that you select to participate in. If you do not want your information used or shared in this manner, you agree that the only remedy is to stop using the Software.
Brain Stone will keep confidential all information supplied by you to us. Brain Stone does not intentionally rent, sell, or share personal information about the user with other people or nonaffiliated companies for marketing or commercial purposes (including direct marketing purposes) without your permission, except where you have given us permission to do so or whenever there is lack of opposition. Sometimes Brain Stone will ask you to provide information that will enable us to improve the Software and provide a better experience. Participation is optional. We may ask for your name, email address, phone number, address, type of business, preferences and interests, credit or debit card information, as well as other similar personal information for you to have a successful registration process. We will maintain the confidentiality of personal information. Brain Stone or its affiliates might send the user newsletters, emails, advertising or promotional information. At any time, the user has the right to opt out of receiving these communications, reporting it to: xxx@xxx.com. Our Privacy Policy is incorporated into and is part of this EULA. For more information, please take a look at our Privacy Policy statement following this link.
12. EXTERNAL LINKS
The Game may include from time to time links to third party services (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of the content, opinions, advice, statements, offers or availability of any External Link. Your correspondence or business dealings with these third parties are solely between you and such third party. The conditions of use and privacy policies of any third party may differ greatly from ours. We suggest that you review the terms of use and privacy statement of such External Links prior to use them.
13. INTELLECTUAL PROPERTY RIGHTS
Brain Stone and other identifying marks are proprietary to Brain Stone and may be protected by copyrights, trademarks, international treaties, and/or other proprietary rights and laws of Germany and other countries. Brain Stone is the owner of all right, title, and interest in and to the Pantropy Game, user accounts, and all of the features and components thereof. You acknowledge that all ownership rights, intellectual property, and all other proprietary rights in the Game and its features, including, without limitation, computer code, themes, objects characters, character names, stories, locations, concepts, artwork, storylines, likenesses, moral rights, structural or landscape designs, musical compositions, dialogue, or any other content protected by local or international intellectual property protection laws, are owned by Brain Stone and cannot be used in any way without previous written consent from Brain Stone.
You acknowledge that you have no rights in or to the Game or its features other than the right to use them strictly in accordance with the terms of this EULA. You also acknowledge that you have no right to access the Game in source code form. All rights not expressly granted are reserved. The rights of use granted by Brain Stone to our users, are strictly limited for private and personal purposes under and throughout the duration of the registration agreement with Brain Stone. Any unauthorized use of the contents constitute a violation of this EULA and the existing applicable trademarks laws, copyrights and/or other intellectual property laws both national and international. By creating, uploading, displaying or sharing content to the Game, the user automatically grants, represents and warrants that has the right to grant to Brain Stone, its affiliates and associates, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, store, display, modify, perform, reproduce, adapt, digitalize, translate, use for advertising, commercial or noncommercial purposes and distribute, the content provided by the user to be disclosed and to perform, display, distribute prepare derivative works of, or incorporate into other works, such information and content.
14. CONTENT
Pantropy may allow you to upload and display content as part of the Game, (“Content”).The user warrants that any and all information provided, submitted, sent, transmitted, posted or uploaded will not infringe the rights of any third party. Each user shall be solely responsible for the content posted, transmitted, submitted or displayed by that user or privately transmitted, made available on the Game. Any finding of false impersonation assumptions or unlawful use of content will allow Brain Stone to exercise all legal actions at our disposal, including criminal action. Brain Stone retains the right to remove at any time, for any reason and at its sole discretion, without providing any prior notice, whichever type of content, especially when considered objectionable or violating of this EULA. The user undertakes that Brain Stone will not be liable to the user or any third party for this action.
15. USER AGREEMENT
For the safety and convenience of our users, we have instituted a set of rules and guidelines governing the use of the Software. Brain Stone reserves the right, in its sole discretion, to deny access and to terminate the user’s access to the Software and the related features. The user agrees to use the Software in accordance with the following rules:
1) Users are solely responsible of the information provided, transmitted or posted;
2) user ensures that the information provided is real, accurate, current and complete. It is the user’s responsibility to maintain and update their information;
3) user agrees to create only one unique account, and to maintain the integrity of the Game ;
4) As a registered user, you agree not to use any type of material that:
a) is unlawful, illegal or contrary to good faith and public order;
b) contains defamatory, aggressive, disrespectful, obscene and offensive material, or that may induce to activities considered as violent, criminal, degrading, discriminatory, dangerous or harmful to health;
c) is false or misleading about its subject;
d) contains images of persons other than the user of which they do not have the express permission;
e) violates trade or industrial secrets or privacy of communications;
f) infringes personal privacy, or create false identities;
g) provides information such as names, financial information, identity numbers, non-public telephone numbers or non-public email addresses;
h) threatens, harasses or annoys any third party rights (including rights of personality);
i) contains viruses, robots, spiders, webbots, web wanders, crawlers, worms or webants or any other process that may interfere or attempt to interfere with the operation of the Software ;
j) contains pictures, photographs, images, text, software, material or content, or other information that is protected by copyright without the permission or rights needed. The Game allows users to interact and share media with other players, users or other persons.
The user will refrain from: i) transmitting any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law; ii) attaching pictures with minors, or pictures that are of an obscene or menacing character; iii) sharing with others access information and passwords; iv) exploiting the Game for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site; (v) interfering with the ability of others to enjoy playing a the Game; (vi) decompiling, reverse engineer, or disassembling all or any portion of the website, the Game, or other Game´s features; (vii) facilitating, creating or maintaining any unauthorized connection to the Game or the website, including without limitation any connection to an unauthorized server that emulates the Pantropy website; (viii) engaging in advertising to, or solicitation of, other users to buy or sell any products through the Game of any kind, or induce such offer, or indication of other offers as well as advertising; (ix) collecting data for commercial exploitation or sale; x) using the Software for purposes not authorized in this EULA. To guarantee the integrity of the Game, the user ensures that the intention of their registration is not for commercial purposes. Upon any breach of this agreement, Brain Stone may, in our sole discretion, terminate or suspend your access to all or part of the Software at any time, without notice, for any reason. Brain Stone reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to remove, edit, refuse to transmit any information or material provided, as deemed inappropriate, at Brain Stone ’s sole discretion. Upon any breach of this agreement, we may, in our sole discretion, terminate or suspend your access to all or part of the Game at any time, without notice.
16. TERMINATION
Without prejudice to any other rights, Brain Stone may terminate this EULA immediately without notice when Brain Stone ceases to operate the Software servers, if Brain Stone determines or believes your use of the Software involves or may involve any illicit activity or if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights granted to you under this EULA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Brain Stone ’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination. You may terminate this Agreement at any time by requesting Brain Stone to terminate and delete your user account or by uninstalling the Software from all your machines and destroying and/or deleting any and all copies of Pantropy in your possession. Upon termination of this Agreement, your rights to use the Software, will terminate immediately, and you must cease all use of the Software.
17. CLAIMS AND TECHNICAL SUPPORT
You may file a complaint or communicate with us, through our email:support@playpantropy.com or sending a communication to:
Brain Stone GmbH
Zum Exerzierhaus 15
14469 Potsdam
support@playpantropy.com
The Software may require an internet connection to access internet-based features, create an access account, authenticate the Software, or perform other functions. The technological tools needed to access the Software, and the costs they generate for their use shall be the responsibility of the user. We cannot guarantee 100% Software availability and functionality. We are also not required to offer any technical support on our Software or your Internet connection.
18. LIMITATION OF LIABILITY
The Software is distributed on an “as is” basis. We do not warrant that the Software will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Software. Where permitted by law, you acknowledge that the Software is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of fitness for a particular purpose, merchantability and non-infringement, and any warranties arising out of course of dealing or usage of trade. You acknowledge that installation and use of the Software is at your own risk.
By accessing Brain Stone, the user warrants and represents that they are legally entitled to do so. The user also unreservedly accepts this EULA. Registration and the use of the Software implies full acceptance of this EULA by the user. If you do not agree to this EULA and its binding provisions, please refrain from using the Game.
In no case Brain Stone, its officers, directors, shareholders, employees, trainers or business partners, affiliates and any other authorized agent or representative, or its affiliate companies or associates shall be responsible for and disclaims all liability for any loss, liability, claim, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever caused and on any theory of liability, whether for breach of contract, tort (including negligence) or otherwise, arising out of or related to Brain Stone’s Software, the use or the inability to use the Software and/or any content, the unauthorized access to or alteration of your transmission or data, any delays, inaccuracies, errors in, or omission of information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof, errors or deficiencies in it, or other information that is sent or received or not sent or received, or any user content, damage to property, lost data, loss of goodwill, computer failure or malfunction, loss of business, loss of information or lost profit, even if Brain Stone has been advised of the possibility of such damages, regardless of any negligence of Brain Stone or any of its affiliates or agents. These limitations shall apply notwithstanding any failure or essential purpose of any limited remedy in particular.
In no event will Brain Stone, its affiliate companies or associates, will be liable to you or to any other person for any incidental, consequential, indirect, special or punitive damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute Software or any other type of malfunction, for unauthorized access, alteration or use, whether for the cause of contract violation, negligence or under any other cause of action, arising out of the use of or inability to use the Software, even if Brain Stone or its agents or representatives know or have been advised of the possibility of such damages. Nor may Brain Stone ensure the accuracy or completeness of the content provided in the Software. Brain Stone explicitly excludes, to the extent that is permissible by law, any liability for direct or indirect damage, as well as consequential damage allegedly caused to a user, when that user’s behavior has contributed to the production of the damage allegedly suffered. Nor when the user has failed all or part in the performance of obligations under this EULA. Any finding of false impersonation assumptions or unlawful use of content in the Software will allow Brain Stone to exercise all legal actions including criminal action.
IN NO EVENT SHALL BRAIN STONE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL EXCEED THE FEES PAID BY YOU TO BRAIN STONE FOR THE PRECEDING TWELVE (12) MONTH PERIOD RELATING TO THE SOFTWARE OR US$100, WHICHEVER IS GREATER. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
20. INDEMNITY
Without prejudice to any other rights, Brain Stone may terminate this EULA immediately without notice when Brain Stone ceases to operate the Software servers, if Brain Stone determines or believes your use of the Software involves or may involve any illicit activity or if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights granted to you under this EULA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Brain Stone ’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination. You may terminate this Agreement at any time by requesting Brain Stone to terminate and delete your user account or by uninstalling the Software from all your machines and destroying and/or deleting any and all copies of Pantropy in your possession. Upon termination of this Agreement, your rights to use the Software, will terminate immediately, and you must cease all use of the Software.
21. INJUNCTION
Because Brain Stone would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that Brain Stone shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
22. LIMITED WARRANTY
To the maximum extent permitted by law, we disclaim all representations, warranties, conditions, whether express or implied, including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement of intellectual property rights and fitness for a particular purpose. We do not warrant that the Game is error-free or that it will operate without interruption, nor that we will repair any errors in the Game. We do not warrant that the Game will operate on all devices and operating systems. Please check the minimum required technical specifications required for effective use of the Game and its features.
23. FINAL DISPOSITIONS
a) This Agreement shall be governed by and interpreted in all respects by the laws of Germany, without reference to conflict of laws’ principles, as such laws are applied to agreements entered into and to be performed entirely within Germany, and all disputes arising under this Agreement will be brought in the courts of Potsdam in Germany; b) this EULA constitutes the final and entire agreement between Brain Stone and the user; c) these conditions supersede and replace any validity above arrangement; d) the rights and obligations assigned under this EULA are personal to the user, and cannot be assigned to anyone. e) Brain Stone´s failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision; f) if any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this EULA which shall continue to have full force and effect.
Last revised June 2, 2016
The following End User License Agreement (“EULA”) applies to all download, installation and use of the each version and iteration of Pantropy (“the Game”, the “Software”) whilst in development, from “alpha version” through the “final version”, as made available by Brain Stone GmbH.
Before using, downloading or installing the Game, please read the following EULA carefully. All use of the Game is governed by and conditional on your acceptance of and compliance with this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited. If you do not accept this EULA, you may not use, download, play online or install the Game. Your continued use of the Game after the above date constitutes an agreement to be bound by this EULA, including all amendments made to date.
1. ACKNOWLEDGEMENT
The Software will be sold during an early access release period. The Software is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system. Brain Stone shall not be obligated to add any additional type of content, updates or to fix the bugs before releasing the Game as its final version. Pantropy also is not obligated to provide ongoing support or maintenance for the Game.
Brain Stone is not liable for the loss of data or damage to the system, interruptions due to a lost connection, loss of data, hardware or Software failures, or disruption of the player’s ability to connect to our server. You acknowledge that you will back-up their hard drive prior to installation of the Software, and also that you have the resources necessary to reinstall your operating system and restore any data that may be lost.
Brain Stone may: (i) monitor and record all communications between users during the testing phase; (ii) Modify, remove or delete the information stored by the Game subject to be tested, for any reason at any time during the duration of the testing phase.
You represent and warrant that a) you are aware of the age rating for the Game; b) you have the required age to play the Game, and c) you have read, understood, and agree to be bound by the terms of this EULA in full.
2. MODIFICATION OF AGREEMENT
This EULA represents the complete agreement between the user and Brain Stone relating to the use of the Software. This EULA and any other agreements are subject to change without notice, at Brain Stone’s sole discretion. The user accepts to be governed by the modified agreement. Every time you check our website http://playpantropy.com/, it is your responsibility to check the EULA then in effect. If you are not satisfied with the Game, its content or conditions of use, you agree that the only remedy is to stop using it.
3. AUTHORIZED USE
3.1 GRANT AND SCOPE OF LICENSE
Subject to your compliance with the terms of this EULA, Brain Stone grants you a non-transferable, non-exclusive, non-sub licensable, revocable, limited license to use the Software. In the alpha phase/version, you are authorized to use the Game for evaluation purposes. In the additional versions you are authorized to download, install and use the Game for your personal, non-commercial use on [INSERT NUMBER OF TERMINALS/COMPUTERS THAT CAN BENEFIT FROM THIS LICENSE/ OR /any number of computers] computers. All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Brain Stone. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
3.1 GRANT AND SCOPE OF LICENSE
Subject to your compliance with the terms of this EULA, Brain Stone grants you a non-transferable, non-exclusive, non-sub licensable, revocable, limited license to use the Software. In the alpha phase/version, you are authorized to use the Game for evaluation purposes. In the additional versions you are authorized to download, install and use the Game for your personal, non-commercial use on [INSERT NUMBER OF TERMINALS/COMPUTERS THAT CAN BENEFIT FROM THIS LICENSE/ OR /any number of computers] computers. All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Brain Stone. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
3.3 RESTRICTIONS
You are not permitted to:
a) Load the Game on a network server for distribution purposes to one or more other devices on that network;
b) Except as expressly authorized by this EULA, to rent, lease, sub-license, loan, exploit for profit, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, redistribute, clone or create derivative works based on the whole or any part of the Game or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Game or any part thereof in any way;
c) Use cheats, automation software, hacks, mods, or any other means designed to modify or defeat the purpose of the Game;
d) Use any software that collects information about others or the Game;
e) Use any robot, spider, scraper, or other automated or manual means to access the Game or copy any content or information from the Game or any online features;
f) Create data or executable programs which mimic data or functionality in the Software unless otherwise authorized;
g) Probe, scan, test the vulnerability of or breach the authentication measures of the Game;
h) Modify any executable file;
i) Violate any technology control or export laws and regulations that apply to the technology used or supported by the Game.
j) Disrupt or assist in the disruption of any other player’s Game experience.
k) Export or re-export the Software or any copy or adaptation, or use the Game to violate any applicable law or regulation.
Any violation of the foregoing will cause your registration to be terminated, your Brain Stone account to be removed without any notice and you will be denied access to our servers.
4 INTERNATIONAL USE
Although the Game may be accessible worldwide, we make no representation that the Software or related materials are appropriate or available for use in locations outside Germany, and accessing them from territories where the content is illegal is prohibited. You are responsible for complying with the laws and regulations of the territory from which you access or use the Software. Any offer and/or information made in connection with the Software shall be void where prohibited.
5. DISCLAIMER
The Game is provided “as is” for evaluation purposes as part of an early access program. The user specifically agrees, acknowledges and accepts that Brain Stone gives no representation or warranty concerning it. The Game is still in development, therefore is not a finished product that may contain errors, bugs, defects and unfinished features. Downloading, using and installing the Game may damage your computer and any data or Software stored. Your use, download and installation of the Game is at your own risk, and Pantropy shall not be liable for any damage that might be caused by downloading, installing and using our Software. Software may be discontinued at any time, for any reason.
Subject to the laws of your country, a minor may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward to use an account, you agree to this EULA on behalf of yourself and such minor, and you acknowledge that you are responsible for all uses of the account by the minor whether or not such use is authorized by you. Any person who violates this condition will be subject to unilateral cancellation of the account without notice.
All information provided by Brain Stone or provided to you by any of Brain Stone ’s affiliates related to the Software, is of a general nature and is provided for recreational purposes only. The opinions expressed on our website belong solely to the authors. Reliance on the information provided in the Game is solely at user’s own risk. Brain Stone explicitly excludes, to the extent that is permissible by law, any liability for direct or indirect damage or injury, as well as consequential damage allegedly caused to a user, arising from any use of information provided in the Software, nor when the user has failed all or part in the performance of obligations under this EULA. In no event Brain Stone, its affiliate companies or associates (including employees, officers and directors) will be liable to the user or to any other person for any general, compensatory, special, punitive, incidental, consequential, direct or indirect damages, for unauthorized access, alteration or use, whether for the cause of contract violation, negligence or under any other cause of action, arising out of the use of or inability to use the Software, even if Brain Stone or its agents or representatives know or have been advised of the possibility of such damages. Nor may Brain Stone ensure the accuracy, efficacy, completeness or timeliness of the content provided in the Software.
6. REGISTRATION
Each user shall register in order to play the Game. By registering, the user unreservedly accepts this EULA. By “user” Brain Stone means the person who uses, browses, registers in Brain Stone and participates in the activities offered by Brain Stone. Registration for Brain Stone implies full acceptance of these conditions. If you do not agree to this EULA, please refrain from using the Software.
The user agrees to provide true, accurate, and complete information and to update this information when it changes. Brain Stone reserves the right to refuse registration or cancel it as Brain Stone determines it appropriate. In order to access the Software, its functionality and features, you may be required to create, have and maintain an active user account with Heroiclabs, a third-party gaming platform (https://heroiclabs.com/). The conditions of use and privacy policies of any third party may differ greatly from ours. We suggest that you review the terms of use and privacy statement of such External Links prior to use them.
Registration is free. You will create an account that is administered independently by you. Any type of contact with other users will be at the user’s own risk. The user will obtain a username and password to access their account. This data is strictly private and confidential and shall not be disclosed or shared with third parties. Any use of these with a purpose other than intended, may allow Brain Stone to terminate this agreement and cancel the user’s registration at its own discretion, without prior notice. You are responsible for all use and the security of your user account used to access the Game. Your use of the Service must comply with all applicable laws and regulations.
7. GENERAL GUIDELINES
7.1 Brain Stone is a public access general purpose Game. To access the Game, the user should proceed to download the Software.
7.2 Before you download the game, you may need to give the Software permission to access specific parts of the operating system on your device, known as permissions. The Software is safe to install and asks for some standard permissions so you can enjoy the Game.
7.3 Any use of your account with a purpose other than intended, may allow Brain Stone to terminate this agreement and cancel your registration at its own discretion, without prior notice. Users are solely responsible for all activities which occur under their account whether authorized or not. Brain Stone may disable your account in its sole discretion and without notice if we believe that you have violated this EULA. Member content and information exchanged with other users will be removed and you agree that Brain Stone will not be liable for disabling your account.
7.4 Brain Stone does not take part in any communication between users. Interaction with other users is solely the responsibility of the user.
7.5 Please remember that any information that is disclosed through media sharing, can be read, collected, or used by other users. Any information disclosed using these methods becomes public information and you should exercise caution when deciding to disclose certain type of information. Note that if you choose to do so, is at your own risk and you accept full responsibility for such content, and the consequences that may arise from transmitting such content. You also acknowledge and agree that you may be exposed to inaccurate, objectionable, and inappropriate content or otherwise unsuited to your purpose.
7.6 Violation of this EULA will cause your Brain Stone registration to be terminated and your account to be removed without any notice. All information provided by Brain Stone or provided to you by any of Brain Stone ’s affiliates related to the Software, is of a general nature and is provided for recreational purposes only. The opinions expressed on our website belong solely to the authors. Reliance on the information provided in the Game is solely at user’s own risk. Brain Stone explicitly excludes, to the extent that is permissible by law, any liability for direct or indirect damage or injury, as well as consequential damage allegedly caused to a user, arising from any use of information provided in the Software, nor when the user has failed all or part in the performance of obligations under this EULA. In no event Brain Stone, its affiliate companies or associates (including employees, officers and directors) will be liable to the user or to any other person for any general, compensatory, special, punitive, incidental, consequential, direct or indirect damages, for unauthorized access, alteration or use, whether for the cause of contract violation, negligence or under any other cause of action, arising out of the use of or inability to use the Software, even if Brain Stone or its agents or representatives know or have been advised of the possibility of such damages. Nor may Brain Stone ensure the accuracy, efficacy, completeness or timeliness of the content provided in the Software.
8. FEES AND PAYMENTS
To use the Game you are required to pay a fee. You will be informed of the applicable fee for use of the Game prior to your purchase. Brain Stone offers a series of plans that give different levels of benefits. The current fees for the different plans are as follows:
Preorder –14 USD
Preorder and get alpha access right away –30 USD
Preorder, alpha access and special in-Game items–60 USD
Preorder, alpha access, special in-Game items, roadmap and Founders Club Badge–100 USD
Brain Stone will process all payments through its third party payments processor platform, SendOwl (www.sendowl.com). All payments shall only be made through the SendOwl platform. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically until you cancel such subscription. The conditions of use and privacy policies of any third party may differ greatly from ours. We suggest that you review the terms of use and privacy statement of such External Links prior to use them.
You agree that you will pay for all products you purchase, and that our third party payments processor may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing our third party payments processor with a valid payment method for payment of all fees. We may change the fees and payment terms at any time at our sole and complete discretion. Failure to pay any fees or charges will constitute a violation of this EULA. Your total price will include the price of the chosen plan plus any applicable VAT (in effect on the day of the purchase). You acknowledge that you are solely responsible for determining your applicable tax obligations, according to your country of residence.
9. RIGHT OF WITHDRAWAL AND REFUNDS
You have the right to cancel your order within 14 days after the Software has been downloaded to your PC, without giving any reason. The withdrawal period will expire after 14 days from the day the Software was downloaded to your PC. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to:
Brain Stone GmbH
Zum Exerzierhaus 15
14469 Potsdam
Germany
Tel.: + (49) [0]163/5677686
Email: support@playpantropy.com To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the 14-day withdrawal period has expired. We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, and you will not incur any fees for such reimbursement. As a User, you are also entitled to request a refund if: (i) the purchase has not been authorized or it has been a fraud; (ii) the Game has technical issues preventing it to work properly; (iii) The user has purchased the Game multiple times by mistake. Before requesting a refund, the Client must provide a proof of evidence of the occurrence of the incident. Please contact us by email at support@playpantropy.com to process your request.
10. SECURITY WARNING
To use the Game you are required to pay a fee. You will be informed of the applicable fee for use of the Game prior to your purchase. Brain Stone offers a series of plans that give different levels of benefits. The current fees for the different plans are as follows:
Preorder –14 USD
Preorder and get alpha access right away –30 USD
Preorder, alpha access and special in-Game items–60 USD
Preorder, alpha access, special in-Game items, roadmap and Founders Club Badge–100 USD
Brain Stone will process all payments through its third party payments processor platform, SendOwl (www.sendowl.com). All payments shall only be made through the SendOwl platform. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically until you cancel such subscription. The conditions of use and privacy policies of any third party may differ greatly from ours. We suggest that you review the terms of use and privacy statement of such External Links prior to use them.
You agree that you will pay for all products you purchase, and that our third party payments processor may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing our third party payments processor with a valid payment method for payment of all fees. We may change the fees and payment terms at any time at our sole and complete discretion. Failure to pay any fees or charges will constitute a violation of this EULA. Your total price will include the price of the chosen plan plus any applicable VAT (in effect on the day of the purchase). You acknowledge that you are solely responsible for determining your applicable tax obligations, according to your country of residence.
11. PERSONAL INFORMATION
By installing and using the Software, you consent to information collection including (a) the transfer of any personal information and other information to Brain Stone, its affiliates, and business partners, and to governmental authorities; (b) public display of your user-created content, ID, scores, ranking, achievements, and other Game data; and (c) other uses and disclosures of your personal information or other information. Some of the Game features may require that all or part of your personal information provided to Brain Stone when you registered the account, be transferred to servers operated by Brain Stone in the regions where you wish to play the Game. You agree that Brain Stone can transfer your data to Brain Stone ’s servers in each of the regions that you select to participate in. If you do not want your information used or shared in this manner, you agree that the only remedy is to stop using the Software.
Brain Stone will keep confidential all information supplied by you to us. Brain Stone does not intentionally rent, sell, or share personal information about the user with other people or nonaffiliated companies for marketing or commercial purposes (including direct marketing purposes) without your permission, except where you have given us permission to do so or whenever there is lack of opposition. Sometimes Brain Stone will ask you to provide information that will enable us to improve the Software and provide a better experience. Participation is optional. We may ask for your name, email address, phone number, address, type of business, preferences and interests, credit or debit card information, as well as other similar personal information for you to have a successful registration process. We will maintain the confidentiality of personal information. Brain Stone or its affiliates might send the user newsletters, emails, advertising or promotional information. At any time, the user has the right to opt out of receiving these communications, reporting it to: xxx@xxx.com. Our Privacy Policy is incorporated into and is part of this EULA. For more information, please take a look at our Privacy Policy statement following this link.
12. EXTERNAL LINKS
The Game may include from time to time links to third party services (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of the content, opinions, advice, statements, offers or availability of any External Link. Your correspondence or business dealings with these third parties are solely between you and such third party. The conditions of use and privacy policies of any third party may differ greatly from ours. We suggest that you review the terms of use and privacy statement of such External Links prior to use them.
13. INTELLECTUAL PROPERTY RIGHTS
Brain Stone and other identifying marks are proprietary to Brain Stone and may be protected by copyrights, trademarks, international treaties, and/or other proprietary rights and laws of Germany and other countries. Brain Stone is the owner of all right, title, and interest in and to the Pantropy Game, user accounts, and all of the features and components thereof. You acknowledge that all ownership rights, intellectual property, and all other proprietary rights in the Game and its features, including, without limitation, computer code, themes, objects characters, character names, stories, locations, concepts, artwork, storylines, likenesses, moral rights, structural or landscape designs, musical compositions, dialogue, or any other content protected by local or international intellectual property protection laws, are owned by Brain Stone and cannot be used in any way without previous written consent from Brain Stone.
You acknowledge that you have no rights in or to the Game or its features other than the right to use them strictly in accordance with the terms of this EULA. You also acknowledge that you have no right to access the Game in source code form. All rights not expressly granted are reserved. The rights of use granted by Brain Stone to our users, are strictly limited for private and personal purposes under and throughout the duration of the registration agreement with Brain Stone. Any unauthorized use of the contents constitute a violation of this EULA and the existing applicable trademarks laws, copyrights and/or other intellectual property laws both national and international. By creating, uploading, displaying or sharing content to the Game, the user automatically grants, represents and warrants that has the right to grant to Brain Stone, its affiliates and associates, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, store, display, modify, perform, reproduce, adapt, digitalize, translate, use for advertising, commercial or noncommercial purposes and distribute, the content provided by the user to be disclosed and to perform, display, distribute prepare derivative works of, or incorporate into other works, such information and content.
14. CONTENT
Pantropy may allow you to upload and display content as part of the Game, (“Content”).The user warrants that any and all information provided, submitted, sent, transmitted, posted or uploaded will not infringe the rights of any third party. Each user shall be solely responsible for the content posted, transmitted, submitted or displayed by that user or privately transmitted, made available on the Game. Any finding of false impersonation assumptions or unlawful use of content will allow Brain Stone to exercise all legal actions at our disposal, including criminal action. Brain Stone retains the right to remove at any time, for any reason and at its sole discretion, without providing any prior notice, whichever type of content, especially when considered objectionable or violating of this EULA. The user undertakes that Brain Stone will not be liable to the user or any third party for this action.
15. USER AGREEMENT
For the safety and convenience of our users, we have instituted a set of rules and guidelines governing the use of the Software. Brain Stone reserves the right, in its sole discretion, to deny access and to terminate the user’s access to the Software and the related features. The user agrees to use the Software in accordance with the following rules:
1) Users are solely responsible of the information provided, transmitted or posted;
2) user ensures that the information provided is real, accurate, current and complete. It is the user’s responsibility to maintain and update their information;
3) user agrees to create only one unique account, and to maintain the integrity of the Game ;
4) As a registered user, you agree not to use any type of material that:
a) is unlawful, illegal or contrary to good faith and public order;
b) contains defamatory, aggressive, disrespectful, obscene and offensive material, or that may induce to activities considered as violent, criminal, degrading, discriminatory, dangerous or harmful to health;
c) is false or misleading about its subject;
d) contains images of persons other than the user of which they do not have the express permission;
e) violates trade or industrial secrets or privacy of communications;
f) infringes personal privacy, or create false identities;
g) provides information such as names, financial information, identity numbers, non-public telephone numbers or non-public email addresses;
h) threatens, harasses or annoys any third party rights (including rights of personality);
i) contains viruses, robots, spiders, webbots, web wanders, crawlers, worms or webants or any other process that may interfere or attempt to interfere with the operation of the Software ;
j) contains pictures, photographs, images, text, software, material or content, or other information that is protected by copyright without the permission or rights needed. The Game allows users to interact and share media with other players, users or other persons.
The user will refrain from: i) transmitting any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law; ii) attaching pictures with minors, or pictures that are of an obscene or menacing character; iii) sharing with others access information and passwords; iv) exploiting the Game for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site; (v) interfering with the ability of others to enjoy playing a the Game; (vi) decompiling, reverse engineer, or disassembling all or any portion of the website, the Game, or other Game´s features; (vii) facilitating, creating or maintaining any unauthorized connection to the Game or the website, including without limitation any connection to an unauthorized server that emulates the Pantropy website; (viii) engaging in advertising to, or solicitation of, other users to buy or sell any products through the Game of any kind, or induce such offer, or indication of other offers as well as advertising; (ix) collecting data for commercial exploitation or sale; x) using the Software for purposes not authorized in this EULA. To guarantee the integrity of the Game, the user ensures that the intention of their registration is not for commercial purposes. Upon any breach of this agreement, Brain Stone may, in our sole discretion, terminate or suspend your access to all or part of the Software at any time, without notice, for any reason. Brain Stone reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to remove, edit, refuse to transmit any information or material provided, as deemed inappropriate, at Brain Stone ’s sole discretion. Upon any breach of this agreement, we may, in our sole discretion, terminate or suspend your access to all or part of the Game at any time, without notice.
16. TERMINATION
Without prejudice to any other rights, Brain Stone may terminate this EULA immediately without notice when Brain Stone ceases to operate the Software servers, if Brain Stone determines or believes your use of the Software involves or may involve any illicit activity or if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights granted to you under this EULA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Brain Stone ’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination. You may terminate this Agreement at any time by requesting Brain Stone to terminate and delete your user account or by uninstalling the Software from all your machines and destroying and/or deleting any and all copies of Pantropy in your possession. Upon termination of this Agreement, your rights to use the Software, will terminate immediately, and you must cease all use of the Software.
17. CLAIMS AND TECHNICAL SUPPORT
You may file a complaint or communicate with us, through our email:support@playpantropy.com or sending a communication to:
Brain Stone GmbH
Zum Exerzierhaus 15
14469 Potsdam
support@playpantropy.com
The Software may require an internet connection to access internet-based features, create an access account, authenticate the Software, or perform other functions. The technological tools needed to access the Software, and the costs they generate for their use shall be the responsibility of the user. We cannot guarantee 100% Software availability and functionality. We are also not required to offer any technical support on our Software or your Internet connection.
18. LIMITATION OF LIABILITY
The Software is distributed on an “as is” basis. We do not warrant that the Software will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Software. Where permitted by law, you acknowledge that the Software is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of fitness for a particular purpose, merchantability and non-infringement, and any warranties arising out of course of dealing or usage of trade. You acknowledge that installation and use of the Software is at your own risk.
By accessing Brain Stone, the user warrants and represents that they are legally entitled to do so. The user also unreservedly accepts this EULA. Registration and the use of the Software implies full acceptance of this EULA by the user. If you do not agree to this EULA and its binding provisions, please refrain from using the Game.
In no case Brain Stone, its officers, directors, shareholders, employees, trainers or business partners, affiliates and any other authorized agent or representative, or its affiliate companies or associates shall be responsible for and disclaims all liability for any loss, liability, claim, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever caused and on any theory of liability, whether for breach of contract, tort (including negligence) or otherwise, arising out of or related to Brain Stone’s Software, the use or the inability to use the Software and/or any content, the unauthorized access to or alteration of your transmission or data, any delays, inaccuracies, errors in, or omission of information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof, errors or deficiencies in it, or other information that is sent or received or not sent or received, or any user content, damage to property, lost data, loss of goodwill, computer failure or malfunction, loss of business, loss of information or lost profit, even if Brain Stone has been advised of the possibility of such damages, regardless of any negligence of Brain Stone or any of its affiliates or agents. These limitations shall apply notwithstanding any failure or essential purpose of any limited remedy in particular.
In no event will Brain Stone, its affiliate companies or associates, will be liable to you or to any other person for any incidental, consequential, indirect, special or punitive damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute Software or any other type of malfunction, for unauthorized access, alteration or use, whether for the cause of contract violation, negligence or under any other cause of action, arising out of the use of or inability to use the Software, even if Brain Stone or its agents or representatives know or have been advised of the possibility of such damages. Nor may Brain Stone ensure the accuracy or completeness of the content provided in the Software. Brain Stone explicitly excludes, to the extent that is permissible by law, any liability for direct or indirect damage, as well as consequential damage allegedly caused to a user, when that user’s behavior has contributed to the production of the damage allegedly suffered. Nor when the user has failed all or part in the performance of obligations under this EULA. Any finding of false impersonation assumptions or unlawful use of content in the Software will allow Brain Stone to exercise all legal actions including criminal action.
IN NO EVENT SHALL BRAIN STONE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL EXCEED THE FEES PAID BY YOU TO BRAIN STONE FOR THE PRECEDING TWELVE (12) MONTH PERIOD RELATING TO THE SOFTWARE OR US$100, WHICHEVER IS GREATER. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
20. INDEMNITY
Without prejudice to any other rights, Brain Stone may terminate this EULA immediately without notice when Brain Stone ceases to operate the Software servers, if Brain Stone determines or believes your use of the Software involves or may involve any illicit activity or if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights granted to you under this EULA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Brain Stone ’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination. You may terminate this Agreement at any time by requesting Brain Stone to terminate and delete your user account or by uninstalling the Software from all your machines and destroying and/or deleting any and all copies of Pantropy in your possession. Upon termination of this Agreement, your rights to use the Software, will terminate immediately, and you must cease all use of the Software.
21. INJUNCTION
Because Brain Stone would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that Brain Stone shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
22. LIMITED WARRANTY
To the maximum extent permitted by law, we disclaim all representations, warranties, conditions, whether express or implied, including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement of intellectual property rights and fitness for a particular purpose. We do not warrant that the Game is error-free or that it will operate without interruption, nor that we will repair any errors in the Game. We do not warrant that the Game will operate on all devices and operating systems. Please check the minimum required technical specifications required for effective use of the Game and its features.
23. FINAL DISPOSITIONS
a) This Agreement shall be governed by and interpreted in all respects by the laws of Germany, without reference to conflict of laws’ principles, as such laws are applied to agreements entered into and to be performed entirely within Germany, and all disputes arising under this Agreement will be brought in the courts of Potsdam in Germany; b) this EULA constitutes the final and entire agreement between Brain Stone and the user; c) these conditions supersede and replace any validity above arrangement; d) the rights and obligations assigned under this EULA are personal to the user, and cannot be assigned to anyone. e) Brain Stone´s failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision; f) if any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this EULA which shall continue to have full force and effect.